How are Blood Tests Challenged in a DUI Case

DUI investigations generally involve blood or breath tests. Most people believe that the results of blood tests conducted during a DUI investigation are extremely accurate and are therefore not open to contest. However, this is far from the truth and stems from a lack of knowledge. Certainly if you have a stellar DUI lawyer working with you.

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Condition of the blood sample taken for analysis

According to the theory of blood testing, the blood sample taken for analysis remains in the same condition as the blood that flows through an individual’s vein after it is drawn. However, DUI attorneys argue that this is not the case. 

DUI law stipulates that the integrity of the sample should be sustained from the sample collection to laboratory analysis and reporting test results. It is a scientific fact that the purity of the blood sample may be adversely affected right from the time of being drawn to reporting the test result. 

The collection of blood

Recent studies have revealed that errors related to the drawing of blood can result in false positive results to the tune of almost 50 percent. Most individuals making blood draws lack the necessary background and sufficient training in the field of medicine.

For the most part, the training program they attended consists of around 40 hours of training in addition to 40 hours of on-the-job instruction. Therefore, they sorely lack a true understanding of the crucial procedure of drawing blood. Poor training often results in the integrity of a blood sample being compromised.  

Storage of the blood specimen

The manner of storing the blood specimen and maintaining its integrity before analysis remains an extra cause for error, which can result in false positive outcomes. Recent studies have revealed that error rates that are above 100 percent can result from both delays and inappropriate storage of the blood samples. In such a scenario, every condition favoring fermentation can be found within the blood specimen vial, including yeast, sugar, and bacteria that are the usual substances present in the human body. 

Even brief delays or shifts in temperature may aggravate conditions that lead to fermentation. Since fermentation is the one process that produces alcohol, the level of alcohol present in the vial in which the blood sample is stored will increase, resulting in high BAC levels due to the false positive results from the analysis.

Error reporting by forensic labs

DUI lawyers also argue that the results of tests conducted by forensic labs are often faulty. Most forensic labs that report the results of the analysis fail to determine scientifically the real rate of potential errors that creep into their analytical process. All lab accreditation institutions now insist that the labs must determine as well as report the level of uncertainty inherent in their methods. Forensic labs are often incompetent or unconcerned about subjecting themselves to fair scientific procedures, which leads to inaccurate reporting of high BAC levels in a purely random and an unscientific manner.

Due to the factors mentioned above, there is a fair chance of your DUI case being dismissed. Therefore, it is imperative that you hire a DUI lawyer as soon as possible (http://dui-lawyers.usattorneys.com/).