What You Need To Know About A DUI Blood Test
If you’ve been arrested for drinking and driving, you may have been asked to submit to a DUI blood test. If you were in an accident and were unconscious when you were taken to the hospital, there’s a good chance that the nurses who took your blood also ran a test for alcohol levels. Many people believe that a blood test is a smoking gun in a DUI case, but this isn’t necessarily true. There are many potential defenses against a blood test depending on the situation. Here’s what you need to know.
3 Possible DUI Blood Test Defenses
Some of the most common blood test defenses are:
- Broken chain of custody. The hospital or clinic that took your blood sample must be able to prove the chain of custody from the time that the blood sample was taken to the time that the test results were recorded. Every person that handled the blood sample must have proper training to do so and it must be recorded how and when they handled the sample. If the chain of custody cannot be proven, the test results may be rendered invalid.
- Improper collection of the test sample. Blood specimens must be collected in a certain way to ensure the integrity of the sample. All personnel who obtain blood samples must be trained to do so and must follow proper hospital or clinic protocol. If the person taking your blood did not appear to have the credentials to do so or they did not follow proper procedures to take your sample, you may be able to have the test results dismissed.
- Uncalibrated testing equipment. Your attorney may request the calibration records of the testing equipment used to process your blood sample. Testing equipment must be calibrated and maintained according to manufacturer recommendations. Failure to do so may result in the blood test being inadmissible in court.
When to Contact an Experienced DUI Defense Attorney
If you were charged with driving while intoxicated and you have blood test evidence that suggests you were over the legal limit of alcohol at the time you were driving, you need to consult with a seasoned DUI defense lawyer. Richard Brueckner has helped many Maryland residents dispute and dismiss drunk driving charges and can determine what the best possible defense is in your case.
Contact Attorney Brueckner today to learn more about fighting blood test results and handling a DUI. Call now for a consultation at 410-430-1464.