Featured News 2014 Failed a Blood Test? Learn How You Could Challenge the Results

Failed a Blood Test? Learn How You Could Challenge the Results

If you failed a DUI test, it does not automatically follow that you will be convicted. If you work with the right DUI attorney, you may be able to expose the weaknesses in the evidence against you, even if this evidence includes incriminating test results. The reality of things is that no DUI test is beyond challenging, even if it is the most accurate chemical test of all, the blood test.

If there is a goof up in how the blood sample is drawn, for instance, this can result in an overblown reading of blood alcohol content. Not only could error creep in during the time the test is taken, but it could be stored in an inadequate manner. If it takes too long to properly store the sample, fermentation can result, leading to an inaccurately high BAC reading. If temperature is not properly controlled, fermentation could again be the result. And of course, the blood specimen has to be properly stored in order to produce a reliable reading.

Then there mistakes in the tests themselves. Usually, a blood sample is tested with a Gas Chromatograph machine. If not calibrated well, it can misread other compounds in the blood as alcohol, creating a false reading. Then the forensic labs that conduct the tests mightnot provide the margin of error, which is a vital bit of information to include with the BAC measurements. This margin explains how definitive or imprecise the results are. While the organizations that accredit forensic labs are beginning to mandate that labs report this margin of error, this policy has still to reach every lab.

There are a number of circumstances that can throw doubt onto the results of a blood test. You do not have to plead guilty just because you failed a test. Have a DUI lawyer look over your case to find out what defenses are present in your case. Don't hesitate to schedule a consultation with a legal expert today!

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