One of the best defenses that individuals can use in a DUI case is the argument that their blood test or breath test was inaccurate. In some cases, this argument is without warrant but in the past some lawyers have been able to successfully argue this fact. Recently, defendants in Arizona were thrilled when their argument that their blood tests were incorrect was honored by the court, and their cases were dismissed.
This is because investigations show that the Scottsdale police department has been using defective and constantly inaccurate machines to measure the blood samples of defendants in DUI cases. According to Arizona Central, the blood-test results have already been suppressed in 11 felony drunk-driving cases, but the defective machine could affect thousands of cases in the area. The DUI cases that were recently dismissed were consolidated by attorneys and set before a Superior Court judge. This is because the all of the tests were evaluated on the same machine, and all plaintiffs argued that the machine was producing false readings.
A subsequent investigation showed that the machine did have issues and that it could have potentially misrepresented thousands of defendants in the area. Court documents show that the Scottsdale police department was actually aware of the defective machine for years. In the past, the gas chromotaph mislabeled vials with the wrong information and names, and would quit running during the middle of tests. Also, there were times that the machine would erase baseline information from measurements during a test run.
An inaccurate gas chromotaph can drastically change the outcome of a case. Crime lab employees in Arizona insist that the equipment that they used was still fine and that any flawed blood-tests were caught before they left the lab. They say that because of this the faulty information was not used in any of the prosecutions and the judges should continue to preside over cases without dismissal. Yet some of the crime-lab employees may not have been entirely truthful.
If you believe that your DUI test results are inaccurate and that your BAC was not accurately represented because of a malfunctioning machine, then you need to discuss this with a local DUI attorney. IF you have the right attorney there to represent you, you may be able to prove this fact and eventually get your case dismissed. There are also times that breath tests can be defective. Most police forces use a breathalyzer to check a suspect's BAC level. These little machines can render an incorrect reading, so you will want to challenge the accuracy of the level during your test.
Arizona is not the only state that has had trouble with blood testing machines in the past. Also, there are times that lab workers are negligent with the testing samples, and this can affect the read level of the BAC. For example, if a lab worker leaves blood samples out in the open at room temperature for several hours, it can cause the blood in the vial to coagulate, changing the apparent BAC level. Also, lab workers may mix samples up, and then fail to report this mistake out of embarrassment.
If you want to learn more about BAC levels and breathalyzers or blood tests, contact a local DUI defense attorney today. With the right lawyer on your side, you can trust that you will get optimal defense and have a fair chance to express your concerns regarding the test results. Don't be afraid to argue this point. As more and more states deal with defective machine cases, it is becoming easier to use this defense for a successful DUI case!