Law Office ofP. Zachary Stewart

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Call for your free initial consultation
304-914-3577

Legal representation in Weirton, West Virginia

Is there any way you can challenge a DUI blood test?

On Behalf of | Sep 3, 2015 | Criminal Defense

When you are accused of driving under the influence of alcohol by a police officer, the accusation is likely to result with the officer giving you a breath test and the officer taking you back to a station where a blood test will be administered.

The evidence provided by these breath tests and blood tests may be thought of as “impregnable” or “ironclad,” but in reality, they are actually quite vulnerable to an appeal.

 

There are three common ways that a DUI blood test is appealed:

  • The first way to appeal these tests is to challenge the qualifications and ability of the person administering the test. Was the person qualified to actually administer the blood test? Even if they were, did they administer it correctly? Were the results recorded properly and accurately?
  • Another way to challenge the blood test results is to question the chain of custody of your blood sample. When the police draw your blood, they have to keep detailed records about who has it and for how long. Long periods of time that pass between custodial parties can raise questions about whether the sample has been tainted or tampered with. Improper parties could have handled the blood sample during the chain of custody, too.
  • Third and finally, you could challenge the equipment used to draw your blood. Was the equipment functioning properly? Had it been calibrated and was it accurate? Were there any issues in the past with this piece of equipment? The answers to these questions could prove vital to someone accused of drunk driving.
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