Disputing a DUI Blood Test
In Oklahoma, law enforcement officers will typically give either a breath test or a blood test to a person suspected of driving under the influence. Of course, failing the test has serious consequences. But, if you failed a blood test for alcohol, you may have a better chance than you think to overcome that. When disputing a DUI blood test, several factors come into play.
Chain of Custody – First of all, everyone that comes into contact with the sample must adhere to protocols. From collection, through transport, to storage and final testing, each person who handles your blood must be qualified to do so. In addition, there should be documentation of each step of the process.
Storage Problems – Temperature controls, preservatives and anticoagulants are necessary for proper storage of the blood sample. Due to natural yeast and sugar in our blood, alcohol levels in the sample can rise, after the blood draw, if the blood is not stored properly. The result may be a false positive. If the sample ferments or coagulates, it is no longer viable for testing.
Sample Collection Mistakes – Certainly, a mistake can be made when the blood is collected. In fact, a common collection error is made when the person taking the blood uses an alcohol swab to clean the skin before collecting the sample. This contaminates the blood draw with the alcohol from the swab and invalidates the results.
If law enforcement did not properly handle your DUI blood sample, your lawyer will file a motion to have your blood retested or to have the case thrown out of court entirely.
Independent Laboratory Analysis
When contesting a DUI blood test, an independent laboratory is a useful ally. The lab might find that the sample was within legal limits. Also, independent analysis could reveal:
- Fermentation
- Mishandling
- Contamination
- Improper Sample Storage
- Unsuitable Refrigeration
In the final analysis, blood tests are not bullet proof. If any errors were made in collection, storage or testing, then the DUI blood test results can be invalidated.
Our top Tulsa DUI lawyers are ready to serve you. If you are interested in contesting DUI blood test results, contact Oklahoma Litigation Group now.
