May 5, 2025
If you recently underwent a DUI blood test by law enforcement, it’s natural to have concerns about the results and what they may mean for your case. Waiting for the results can be stressful and uncertain, but understanding the process can help alleviate some of your worries.
DUI blood test results typically take a few weeks to be processed and returned to the relevant authorities. To access your test results, you must contact the law enforcement agency or medical facility that conducted the blood test. Your DUI defense lawyer can request them on your behalf.
DUI laws, including specific blood draw procedures, legal BAC limits, admissibility rules for evidence, and potential penalties, may vary from state to state. Consult a qualified DUI defense attorney licensed in the state where the charge occurred for advice tailored to your situation and jurisdiction.
A DUI defense attorney near you can discuss your situation and begin your defense as soon as possible. Time is short in DUI cases, so act now.
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The Role of Blood Test Results in a DUI Case
Blood test results are crucial in determining guilt or innocence in a DUI case. These results provide scientific evidence of the amount of alcohol or drugs present in your system at the time of the arrest. Blood tests are considered one of the most accurate methods for measuring blood alcohol concentration (BAC) and can be used as strong evidence against you if the results show that you were over the legal limit.
Prosecutors often rely on blood test results to prove impairment, as they are considered more reliable than other forms of testing, such as breathalyzer tests. Blood tests can detect the presence of alcohol, drugs, or both, which can have serious consequences for your case. Understanding the accuracy and reliability of these test results is essential in building a strong defense strategy.
How Your DUI Defense Lawyer Can Obtain Your Results
Once your blood sample is taken and analyzed, the results are typically sent to the law enforcement agency handling your case. To obtain your blood test results, your DUI defense attorney can make a formal request to the agency. This request will involve a written motion to the court, asking for the release of the test results as part of the discovery process.
The discovery process allows both the prosecution and the defense to access and review all evidence related to the case. Your defense attorney should always obtain the blood test results to assess their validity and accuracy. They will examine the testing protocol, collection procedure, and chain of custody to identify any potential errors or inconsistencies that can be used to challenge the results.
Challenging the Accuracy of Blood Test Results
While blood tests are considered more accurate than other forms of testing, they are not infallible. There are several ways to challenge the accuracy of blood test results in a DUI case:
Chain of Custody Issues
The chain of custody refers to the documentation that tracks the handling of the blood sample from the moment it is collected to its analysis in the laboratory. Any break or lapse in the chain of custody can raise doubts about the integrity of the sample and its results. Your DUI defense lawyer will scrutinize the chain of custody process to determine if there were any deviations or errors that can impact the reliability of the results.
Testing Protocol Errors
To ensure accurate results, blood samples must be tested using specific protocols and methods. If there were any errors in the testing process, it can lead to inaccurate readings. Your defense attorney will examine whether qualified personnel properly calibrated, maintained, and operated the testing equipment. They will also assess whether the lab followed standardized procedures to ensure the validity of the results.
Blood Sample Contamination
Contamination of the blood sample can significantly affect the accuracy of the test results. Your attorney will investigate whether proper sterilization protocols were followed during the collection process. If there is evidence of contamination, it can cast doubt on the reliability of the results and provide a basis for challenging their admissibility in court.
Improper Storage or Preservation
Blood samples must be stored and preserved correctly to maintain the sample’s integrity. Any deviation from the necessary storage and preservation procedures can compromise the validity of the results. Your DUI attorney will evaluate whether the blood sample was stored at the appropriate temperature and for the required duration to prevent degradation or alteration.
Accuracy of Testing Equipment
The accuracy of the equipment used to analyze blood samples is critical in determining the reliability of the test results. Your attorney will investigate whether authorities properly calibrated and maintained the equipment to ensure accurate readings. Any issues with the equipment’s accuracy can raise doubts about the validity of the results.
Other Possible DUI Defenses
Challenging the accuracy of blood test results is just one potential defense strategy in a DUI case. There are other defenses that your DUI attorney can explore, depending on the circumstances of your case. Some common defenses include:
- Lack of Probable Cause: If law enforcement did not have sufficient reason to stop or arrest you, your attorney can argue that the evidence obtained should be suppressed. Without a valid reason for the initial stop or arrest, the prosecution’s case may weaken significantly.
- Inaccurate Field Sobriety Tests: Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by various factors. Your attorney can challenge the accuracy and reliability of these tests, highlighting any issues with the administration or interpretation that may have led to false results.
- Breathalyzer Errors: Breathalyzer tests are commonly used to estimate blood alcohol concentration. However, these devices are not without their flaws. Your attorney can investigate whether trained personnel properly calibrated, maintained, and operated the breathalyzer device. Any errors or inconsistencies may cast doubt on the accuracy of the results.
- Violation of Miranda Rights: If officers did not properly inform you of your Miranda rights during your arrest, any statements made may be inadmissible in court. Your attorney will review the circumstances of your arrest to determine if your rights were violated, potentially leading to the exclusion of key evidence.
- Rising Blood Alcohol Content: Rising blood alcohol content is a defense strategy that argues the alcohol in your system was still being absorbed at the time of the arrest. This can lead to inaccurate BAC readings, as the level of impairment may have been lower at the time of driving.
Always Have the Right DUI Defense Attorney in Your Corner
DUI cases present you with high stakes, especially involving blood test results. That’s why you need the right DUI defense attorney in your corner.
An experienced attorney can challenge the accuracy of blood test results and explore other viable defenses. Contact a trusted defense lawyer near you for a consultation right away.