Contesting Felony DUI Blood Test Results: Strategies and Challenges

Facing a felony DUI charge is one of the most serious legal challenges someone can experience, especially when it involves blood test results. In these cases, the consequences can be life-changing, with potential for lengthy prison time, heavy fines, and a permanent criminal record. When a blood test is involved in a felony DUI case, the stakes become even higher. Blood tests are often viewed as reliable evidence of intoxication, but the truth is that these results can be challenged in court. Understanding how to contest a felony DUI blood test and the challenges that come with it is crucial for anyone facing these charges. At, Willis Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.

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Understanding DUI Blood Tests and How They Work

A blood test in a DUI case measures the amount of alcohol or drugs in a person’s system at the time of the arrest. Law enforcement usually takes a blood sample to determine if a driver’s blood alcohol concentration (BAC) is above the legal limit. In most states, the legal limit for BAC is 0.08%. If someone’s BAC is higher than this limit, it is used as evidence that they were driving under the influence. The test can also detect drugs, which may lead to felony charges if a person is found to be under the influence of controlled substances while operating a vehicle.

The blood test is typically conducted at a hospital or medical facility by a trained professional. The results are then used by the prosecution to build a case against the person accused of driving under the influence. However, just because a blood test result shows a certain BAC level does not mean the case is over. There are several ways that the accuracy and reliability of these tests can be questioned, and many people have successfully challenged DUI blood test results in court.

The Importance of Timing in Blood Tests

One of the most important factors in challenging DUI blood test results is the timing of the test. Alcohol levels in a person’s blood can fluctuate over time. This means that if the test is not conducted soon after the driver is pulled over, the results may not accurately reflect the person’s BAC at the time they were driving. For instance, someone may have had a drink right before getting into the car, but their BAC could rise while they are driving. This could mean that by the time the blood test is taken, their BAC is above the legal limit even though it was not at the time they were behind the wheel.

Challenging the timing of the blood test can be an effective strategy for contesting the results. An experienced attorney may argue that the test was taken too long after the arrest, making the results unreliable.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Proper Handling of the Blood Sample

Another way to challenge DUI blood test results is to question how the blood sample was handled after it was collected. There are strict procedures that must be followed when collecting, storing, and testing blood samples in DUI cases. If these procedures are not followed, the blood sample could become contaminated, leading to inaccurate results. For example, if the sample is not properly refrigerated, it could ferment, causing the alcohol content to increase and produce a false positive result.

A lawyer could investigate whether the proper chain of custody was followed. The chain of custody refers to the process of documenting how the blood sample was collected, transported, and stored. If there is any break in this chain or if the blood was mishandled in any way, the results may be deemed unreliable. Challenging the chain of custody can sometimes lead to the blood test results being thrown out as evidence.

Questioning the Accuracy of the Testing Equipment

Blood tests in DUI cases are typically analyzed using a machine known as a gas chromatograph. This machine is used to separate and measure the different components of the blood sample, including alcohol or drugs. However, like any machine, the gas chromatograph must be properly maintained and calibrated to produce accurate results. If the machine is not working correctly or if it has not been calibrated recently, the test results may be flawed.

An attorney might request maintenance records for the machine to determine whether it was properly maintained at the time the test was conducted. If the machine was not functioning properly, this could be grounds for challenging the accuracy of the results. In some cases, it may even be possible to have the test results excluded from evidence altogether.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Medical Conditions That Can Affect Blood Test Results

There are certain medical conditions that can lead to inaccurate blood test results. For example, people with diabetes may have high levels of acetone in their blood, which can be mistaken for alcohol by the testing equipment. Other conditions, such as acid reflux or certain medications, can also affect the accuracy of blood test results.

In these cases, a defense attorney might argue that a medical condition caused a false reading, and therefore, the blood test results should not be used as evidence. This can be a powerful defense strategy, especially if there is documented evidence of the medical condition in question.

The Role of Human Error in DUI Blood Testing

Human error is another factor that can affect the reliability of DUI blood test results. Mistakes can occur during the collection, labeling, or analysis of the blood sample. For instance, if the person drawing the blood does not use the correct procedure, the sample may become contaminated. Similarly, if the sample is mislabeled, it could be tested as someone else’s blood, leading to incorrect results being presented in court.

A skilled attorney may question the procedures used during the collection and testing of the blood sample, looking for any signs of human error. If mistakes were made at any stage of the process, the attorney could argue that the results should not be considered reliable.

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Challenging the Officer’s Reason for Conducting the Blood Test

In some cases, it may be possible to challenge the legality of the blood test itself. Law enforcement officers must have a valid reason for conducting a blood test, such as probable cause to believe that a person is under the influence. If there is no probable cause or if the officer violated the person’s rights during the arrest, the blood test results could be thrown out as evidence.

For instance, if the officer did not follow proper procedures during the arrest or if they did not obtain a valid warrant before conducting the blood test, the defense may be able to argue that the test was conducted illegally. This can result in the evidence being excluded from court, which can significantly weaken the prosecution’s case.

The Challenges of Contesting DUI Blood Test Results

While there are several strategies for contesting DUI blood test results, it is important to understand that these cases can be difficult to win. Prosecutors often rely heavily on blood test results in DUI cases, and judges may view these tests as reliable evidence. Additionally, contesting the results requires a thorough understanding of the law and the science behind blood testing.

Despite these challenges, many people have successfully contested DUI blood test results with the help of an experienced attorney. A strong defense often requires investigating every aspect of the case, from the initial traffic stop to the testing of the blood sample. By challenging the accuracy and reliability of the blood test, it may be possible to reduce the charges or even have the case dismissed.

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Why Legal Representation Is Crucial

Contesting felony DUI blood test results requires a deep understanding of both legal and scientific principles. Without professional legal representation, it can be nearly impossible to challenge the results effectively. Having a knowledgeable attorney on your side can make all the difference in the outcome of your case.

A defense attorney can investigate the procedures used in collecting and testing the blood sample, as well as examine the timing of the test and the handling of the evidence. They will also look for any mistakes made by law enforcement that could lead to the evidence being thrown out. With the right defense strategy, it is possible to challenge the blood test results and fight the DUI charges.

If you are facing felony DUI charges and believe that your blood test results were inaccurate, it is essential to seek legal help immediately. The consequences of a felony DUI conviction are severe, but with a strong defense, it may be possible to avoid the worst outcomes.

At Willis Law Firm, our legal team has extensive experience handling felony DUI cases and challenging blood test results. We understand how high the stakes are, and we are committed to providing you with the strongest defense possible. Contact Willis Law Firm today to discuss your case and explore your legal options.