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Challenging the DUI Blood Test Results

Posted on:1/24/2013
An experienced DUI attoreny can challenge the use of the blood test results as evidence against you. There are mistakes that can be committed at the time of administering the test and by the laboratory staff.


Any error in the process of testing can result in an exaggerated blood alcohol concentration level. Also the result will only show the blood alcohol concentration at the time of the test.

There is always a time gap between the time you were stopped for DUI and the blood test. Blood takes time to absorb the alcohol you consume. For the alcohol to reach your brain and affect your driving abilities, it can take time. You can insist that your blood alcohol concentration was less than 0.08% when you were stopped for DUI.

The DUI law is clear – you cannot drive or operate a vehicle with a BAC of 0.08% or more. So if your BAC is less than 0.08% then you are not breaking the law. Your BAC would be above 0.08% at the time of the test but at that time you are not driving or operating the vehicle. You are in the police station. So you are again not breaking any law.

If you are stopped for DUI, you need not take any of the filed sobriety test. This is something the police officer will not inform you. He will make it sound like you MUST perform the filed sobriety test. The fact is field sobriety tests are voluntary. The aim of these tests is to assist the officer determine if the suspect is under the influence.

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