DUI Defense Tactic: A Breakdown in Blood Testing Procedures

In DUI cases a blood test can be used by the prosecution to identify the defendant’s blood alcohol concentration at the time of operating a motor vehicle.  Many defendant’s believe these blood tests to be irrefutable, and many jurors hold a similar notion at the beginning of a trial.  However, blood tests are far from perfect and are vulnerable to a breakdown in blood testing procedures.  Perhaps the phlebotomist did not properly mix the blood sample with anticoagulant or preservatives.  Did the hospital staff use an alcohol swab to sterilize the injection site?  Was the blood sample properly stored so as to prevent fermentation which would produce alcohol in the sample?  As you can see, blood tests are subject to scrutiny in a DUI trial. Many DUI defense attorneys have had success in attacking the integrity of blood tests.  If you have been charged with a DUI and were subjected to a blood test you need to contact a local DUI attorney with experience in blood tests.  An attorney who understands blood testing procedures can find what went wrong with your blood test and help you circumvent a DUI conviction.

Even if your blood test appears to have been conducted in accord with established procedures the phlebotomist may not actually remember taking your sample.  Yes, the phlebotomist will testify in detail as to the procedures followed that day or night, but when asked specific details like what color shirt you were wearing, the phlebotomist may suddenly not remember that time as clearly.  The point of asking these questions is to evidence the likelihood that the phlebotomist is just reiterating what procedures should have been followed, not what was actually followed at the time.  When everything appears to have been conducted properly during your blood test it is critical that you lead the jury to conclude that the phlebotomist, or whoever took the sample, doesn’t actually remember what happened that day or night; they just know what the proper procedures are.

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