Erroneous DUI Blood Test Defensesby Tyler P. A Passionate Blogger - Entertainment
When a driver is pulled over for being suspected of DUI, they may be asked to provide a blood alcohol test. Some states make it a requirement that all drivers agree to consent to such tests so as to receive their driver’s license. However, in some states a driver may refuse to give a blood alcohol test. This article will discuss three reasons why a DUI blood test may be inaccurate.
Every criminal defense attorney evaluates a DUI charge for all possible defenses. Where a DUI blood test result shows that the driver was above the legal limit, the attorney will attempt to find appropriate reasons as to how the blood test can give such results due to other reasons than intoxication. There are three likely reasons for an error to exist in blood tests. These are:
1. Storage problems - the general procedure for a technician to draw blood from a suspect is to use what is referred to as a vacutainer . This is a vacuum-sealed device that helps to protect the blood sample from contamination. Each vacutainer has its own expiry date. If the expiry date passes, then the sample is not guaranteed of being free from contamination. Because of the routine nature of the task of drawing blood, technicians often overlook the step of checking the expiration date on the vacutainer. Another possible storage problem is that of faulty seals. If this is the case then the integrity of the chemicals used to measure the blood alcohol level can be impacted.
2. Sodium fluoride amounts - if the proper sodium fluoride amount is not present when testing this could result in an inaccurate blood alcohol test. Sodium fluoride is added to the test tube, and any slight increase or decrease in the amount can cause the blood sample results to report higher results than are actually present. This can be as a result of storage problems, where the seal is broken and bacteria gets into the test vial. Insufficient sodium fluoride can allow bacteria to grow in its place tainting the blood sample.
3. Potassium oxalate amounts - not having enough potassium oxalate in the blood test can result in the blood clotting. When the blood clots the ratio of liquid to solid is impacted. This will result in a higher blood alcohol content reading than is actually present in the blood sample.
These defenses can be discussed when the prosecution presents its testimony on forensic evidence. Where the criminal defense lawyer is able to prove any of these reasons was the cause of the false-positive blood result, the outcome is that the test is declared as inadmissible. Such a declaration basically means that the blood test results cannot be used against the defendant at trial. Such evidence can be used to convince the jurors that the test results are erroneous.
However, it is important to note that there are other defences that may be applicable to your DUI case other that blood test errors. For legal advice and representation find Los Angeles criminal attorney.
Resource Box: If you are looking for Los Angeles criminal attorney , the author recommends the Criminal Defense Corp.
Created on Sep 15th 2020 22:21. Viewed 126 times.