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Testing Technology Can Change Your Case

The technology governments employ in testing for DUIs can make the difference between a conviction and acquittal. Lawyers are quick to point out the flaws in blood collection procedures, especially when one is arrested on DUI charges. The process of how your blood sample is handled and stored can change the outcome of your case. Anything from the amount of time it takes to transfer the blood sample to a testing location, to the tester's qualifications can be examined in court.

Even though being caught driving under the influence may sink your heart down into your stomach, you may still be able get out of court with minimal financial damage. The best way you can accomplish this is by hiring a reputable attorney that specializes in DUI cases. Once you have a proficient attorney by your side, you can proceed with confidence.

The difference between an acquittal and a conviction often hinges on the blood sample the accused provides at the time of the DUI arrest. When one is accused of a DUI, they submit to a sobriety test involving a physical examination and a Breathalyzer test. If the Breathalyzer reads a .08, the person suspected of a DUI is taken to a police station where they provide a blood sample for further proof that they were driving under the influence.

The personnel responsible for collecting the blood sample is usually a law enforcement officer, and they are not trained to collect or handle blood like medical professionals are. Ideally, for an accurate test result, a nurse or doctor should be responsible for both collecting and storing the blood. Because significantly less experienced individuals are responsible for blood collection and storage, the rate at which false positives occur is as high as 50 percent.

What is a false positive? It is a test that when used in a DUI case, confirms that alcohol was present in the blood, when in fact it was not.

How can your blood sample jeopardize the attempts by law enforcement to convict you? First, because blood contains sugar, bacteria and yeast, it can ferment if not properly stored. Seasoned DUI attorneys are fully aware of this, and will therefore emphasize it during the case. Creating a reasonable doubt in the minds of jurors usually determines the outcome of a case. Since lawyers are very good at questioning the credibility of law enforcement and their methods of blood collection, you have a good chance of being acquitted, or extended the right to drive at the very least.