How are blood tests challenged in a DUI case?

For the most part, DUI convictions are based on blood tests and breathalyzer tests. Unfortunately many believe that the results of blood tests can seldom be wrong. This is why the results of BAC or blood alcohol concentration tests are often never contested. However, DUI lawyers in Leesburg, Loudon County, VA point out that a number of things can go wrong during any of these tests.

Condition of the Sample that is being Analyzed

Forensic analysts assert that the integrity of the blood sample must be preserved through the stages of collection, analysis, and reporting. For example, the condition of the sample must remain unchanged from the time it is drawn until the time it is analyzed. Some Virginia DUI attorneys proclaim that there is scientific proof that if a sample is not preserved properly during collection it can be altered significantly by the time it is analyzed. This can be used as a valid defense strategy to beat your DUI charge.

Now science is on your side. And this is when science is used for altruistic purposes unlike in that ridiculous Jurassic World movie that came out in the summer of 2015 when science was mixing the DNA of dinosaurs and doing things they should not. The entire park in that movie was borderline immoral and why people would feel safe in a little glass ball when 10 ton dinosaurs are walking around them is just as ridiculous but that is another topic.

Errors Due to Storage

Prominent forensic analysts have also pointed out that if the sample is not duly stored and maintained before the analysis it can show false positive readings. The error rates are often 100% if the samples are not stored properly or have not reached the analysts on time.

Scientists have pointed out that elements of fermentation are found in the sample vial itself. For instance yeast, sugar, and bacteria are present in human blood. This means that if there is a delay or change in temperature the conditions for fermentation can become rife and since alcohol is produced through fermentation the results will show a false spike in alcohol content in the blood. This means that a driver might be charged with a DUI even when his BAC was actually within the permissible limit of .08%.

Testing the Blood

Forensic labs conduct blood analysis through a machine called a Gas Chromatograph. In most labs the machine is tuned in a particular manner that will only produce presumptive results of the presence of alcohol instead of using confirmative methods that will specifically indicate the presence of alcohol. The result of using such a method is that it creates compounds that interact with the detection system much like alcohol thereby inducing a false result.

Some drunk drivers cause immense suffering to some people.

Another problem with the system is that it cannot identify whether the alcohol found in the sample was present originally in the driver’s bloodstream or if the machine was showing an error and DUI lawyers in Loudon County VA have encountered this scenario as well.

Forensic Labs do not Report Errors

The labs seldom review the processes that they apply to analyze the samples in order to determine the rate of errors during the procedure. They never really ascertain the range of errors that can happen during the testing process.

Organizations that provide accreditations to forensic labs have recently made it mandatory for labs to evaluate their methods of testing and come up with a list of uncertainties that may arise when they apply the method. Most of these law enforcement labs have no intention of following scientific methods as a result of which tests are often invalid.

Do not try to argue with the police, you will soon have a DUI lawyer in Loudon County VA to do that for you.

DUI charges can have serious repercussions on your career and life. If you are charged with a DUI it would be astute to seek immediate assistance from a Virginia DUI lawyer. Experienced litigators can help you with a plea bargain that can potentially save you from severe penalties in lieu of lesser charge or even have the charges dismissed if the toxicology tests can be challenged. However, a legal pro will need time to prepare your defense, so call now.

The longer you wait, the more chances that you will need a miracle to escape all the charges filed against you. Give your legal representative all the time they need to prepare. Not sure what to do next? Click right here: DUI-USAttorneys.com.

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