Here are some of the most proven effective defenses for how you can challenge your DUI blood test results:
- Second sample: Request the police to draw a second blood sample from the original in storage, and give it to your lawyer so that an independent lab can retest it
- Store properly: If the blood sample wasn’t stored correctly in a safe facility where it cannot ferment, your attorney can challenge your blood test
- Maintenance: Your DUI defense attorney may be able to contest whether the breathalyzer or breath testing device was properly maintained and calibrated
- Blood sample obtained: Your lawyer can question the way officers obtained a blood sample
- Errors: An experienced attorney can fight to have your blood test results excluded from key evidence if errors are found, often based on technicalities
Other ways to successfully fight your DUI blood test results include:
- Discrepancies in test results
- Mistakes in testing procedures
- Improper transport
- Lack of certification
DUI charges can also be dismissed if there is insufficient evidence to move forward with a case against you. This could happen for many reasons, including evidence being deemed inadmissible because it was collected illegally in violation of your constitutional rights.
Busted by Blood Test? 2024 Guide to Dismissing Your DUI Case (Lawyer-Approved Defenses)
Challenging a DUI with a blood test looming can feel like a dead end. But before you despair, know this: successfully fighting blood tests is more feasible than you think.
As Board Certified DUI defense attorneys with over a quarter century of experience, our expert legal team has seen countless cases where seemingly airtight blood evidence crumbled under strategic scrutiny.
Let’s dive into the proven legal powerhouse tactics that could turn your case around with charges getting dismissed:
1. The Procedural Punch Police mess up. It’s a fact. From improper collection (contaminated needles, anyone?) to mishandled transportation (hello, unrefrigerated samples?), these errors can be goldmines for your defense. Our job? Sifting through every detail, looking for procedural violations that cast doubt on the entire test.
2. The Science Smackdown: Blood tests, despite their reputation, are fallible. Faulty equipment, mishandling in the lab, or even natural fluctuations in your metabolism can skew the results. We bring in scientific heavyweights who dissect the test methods, highlight potential errors, and expose any weaknesses in the prosecution’s case.
3. The Medical Maverick: Did you know certain medical conditions can mimic DUI symptoms or even artificially inflate blood alcohol levels? From GERD to diabetes, these conditions can be game-changers. I work with trusted medical professionals to document your condition and present compelling evidence that throws the blood test results into question.
4. The Rising BAC Revelation: Ever heard of rising blood alcohol (BAC)? It’s not as uncommon as you think. Your BAC might have been increasing after you stopped driving, creating a misleading picture of intoxication at the arrest time. We can use this scientific fact to argue that your BAC at the crucial moment was much lower, potentially below the legal limit.
Remember, this is just the tip of the iceberg. Every case is unique, and a skilled DUI attorney knows when to pull out the heavy artillery of fighting blood test results:
- Witness testimony: Challenging officer observations or finding alternative witnesses who support your version of events.
- Field sobriety test analysis: Exposing inconsistencies or highlighting factors that could have affected your performance.
- Negotiation muscle: Leveraging the strength of your defense to negotiate a favorable plea bargain or even dismissal.
But don’t be fooled: This is a chess game of legal strategies, not a magic trick. Time is of the essence.
The sooner you contact an experienced local DUI attorney with proven expertise in getting blood test cases thrown out, the better.
Local Board Certified attorneys can immediately help to get recent DUI charges dismissed under 18 U.S. Code § 3118 – Implied consent for blood tests when improper police procedure is identified during a free arrest review.
Evidence needs to be preserved, witnesses identified, and a rock-solid defense strategy built to successfully beat a DUI case based on blood draw results. Don’t wait, don’t hesitate – your future is on the line.
DUI arrest sounds incredibly familiar. I just hit a tree, one of my boys and my dog were in the truck, i had a concussion, 4 broken ribs, punctured lung… its dark out and fog is bad on a very windy stretch of road. I got a wrecked truck, in all kinds of pain/shock, a kid with the paramedics in a relatively remote spot.
By the time the state trooper got there, I’m pretty sure i was doing a decent job holding it together. But apparently she thought i was pretty disoriented… for real…. and so im waiting on the blood test to see if im gonna go to jail for Marijuana DUI for having some thc in my system. While i just saw on the news people shot and wounded NG troops and theyre charging them with illegal possession of a firearm…. thats it.
Pretty sure i will be in jail longer than the the people that burnt down buildings, stormed police stations, threw molotov cocktails AT THE POLICE a few months ago. They take advantage of the people who do the right thing because its easier than hunting down, investigating, and prosecuting actual criminals. Plus youre probably like me and they know financially were decent so they KNOW they can get you on paper and will definetely have some money for them. While most people are months behind in payments but dont get in any trouble. Pretty effed up these days.
1000% agree especially about how they do blood tests for DUI. There is no justice anymore.
I was given a DUI blood test at the police station by an officer that didn’t know what he was doing. He poked the needle in the bicep and fished around. The result was major bruising and nerve damage. I took pics the next day and sent off to a few experts. They were appalled and said every rule for drawing blood was broken for a DUI case.
I was poked over 20 times by phlebotomist for a DUI blood test. Bruising on my hands, both and my wrist and arms. I was tortured. I’m in very good shape and have large veins everywhere. What a joke.
I asked to get medical records from Providence hospital from the phlebotomist who administered the blood test for DUI and was denied. I made a complaint and they looked into it and said the phlebotomist only poked me 3 times, so I said good get me those blood test records. Again denied.
I also complained he poked through my vein all the way to the bone which makes a very alarming noise in your ears. They told me directly from the investigation he used a needle that used some kind of butterfly to prevent the needle from going too deep into my arm, again I said give me that information. Again denied. This phlebotomist has been drawing blood for over 20 years, so I went to public records and asked for all DUI cases involving this particular licensed phlebotomist.
Public records gave me only 5 DUI blood cases involving this phlebotomist over the last 20 years. Yes of course the public records came directly from prosecutor office. This being my third DUI in Washington State plus felon charges against police and phlebotomist and judge I am beyond just trying to defend myself. I give up.
This is the kicker, all 3 DUI charges happened in my girlfriend’s driveway. You’re probably thinking I was pulling into her driveway. No, I was there for hours or slept the night or drinking beer in my parked truck. One DUI charge was for sleeping in my parked car, and a second charge for not even being in my parked car. These are police statement facts.
I’ve given thousands of dollars to lawyers that I fired because they were working on prosecutor side, or found out myself conflicted between use of law. Put inquiries into bar association for help, and every one was denied because of something that didn’t happen or was not explained properly. So I called everywhere to find someone to help me file my complaint properly, and every attorney I talked to said we don’t handle that kind of stuff.
After 45 days the bar association denied every complaint I had against lawyers breaking the law, including the prosecutor and appeal attorney. Nothing I can do except pay fines and lawyers for DUI charges I did not do. I’ve made it over a year without some kind of new charges, and made over a hundred twenty thousand dollars so I don’t even understand with my new charges they give me a pro bono attorney.
The last one I had fired me because he said we were not getting along. I told the judge I don’t like it when my attorney sets my trial date, plus the judge and court reporter when I was not even present at court. The judge responded back I’ll just be giving you a new attorney, and my attorney said he doesn’t know what he is talking about his trial was set on web ex. So that was that.
Contacted webex they told me they could see I didn’t sign in ever, but to find out for sure I had to contact the host which was the judge so I did because the host has the only real proof that you was present on webex and in court. The court reporter emailed me back saying we don’t have that information. Ive been in a lot of trouble the last twenty years and also worked in 16 different states, but the strange thing about it is I only get in trouble in Lewis County prosecutors. They have charged me with so many wrongful and false crimes over the years they are trying to put me away forever because I’ve learned how to use a smart phone not a computer.
My computer I threw in the garbage. Ive got 8 inches of public records on the prosecutor office in Lewis County and judges and they know I do. I can prove how they have stolen my life away for years. It’s all their own paper work based on law. A lot of it they say they don’t have or it was destroyed but I have enough to prove with there own filed papers how they have purposely tried to destroy me.
I have the proof of bad blood testing procedure for DUI cases and it’s taken me 5 years to get it. I have them scared because they don’t know how much information I have. To see what evidence I have is mind blowing. The people we pay to protect us, I have found for a fact are often the biggest criminals. Tip of the iceberg here.
If anyone reading this knows a honest attorney that I can show many files of corruption against the state please respond.
Try contacting the innocence project they may be able to help u.. I’ve heard great things about them but don’t know personally. Good luck
I was taken to a hospital to get my blood drawn for marijuana, this happened in June and July I have a case for January 14th. I was charged with 2 OWI offenses and now I’m
being threatened to plead guilty. How do I best mat this case it’s been over six months and still no blood results.
My blood results took 1 yr 11 months to come back.
I had 3 drinks over a 2 hour period. I looked away from the road while in a curve and hit a pole. I took blood test at hospital and was .08 BAC. Then 6 weeks later I get a call from police saying turn myself in for dui warrant.
How do I get my blood test results from a DUI? Usually police officers use DUI blood tests to know a person’s blood alcohol content (BAC) and check what type of drugs someone is under the influence of.
How long can blood be stored before testing for alcohol, and how long to get results for DUI blood test Texas test? I think my DUI blood test results got lost and should help me beat the case in court.
Hello! I was pulled over by a police officer for swerving. He asked me if I had been drinking or doing drugs/medication. I said no to both and told him that I don’t do either or am not on any medicine that made me drowsy.
The officer insisted that I was on one or the other. I told him that I didn’t feel good etc. light-headed, perspiring, left eye twitching. I told him that I thought it could be diabetes because I was having the same symptoms for about a week and a half and finally caught up with my PC doctor for an appt.
Diabetes runs in my family and I had symptoms that led me to believe that I may have had diabetes as well. Then the officer called the paramedics and they said that I was lethargic but blood was fine. After the paramedics left the officer had me walk the 9 steps and turn and do all the things to see if I was sober. My eyes didn’t open as widely as he wanted and I twitched and rocked a lot because of my autism.
Anyway, after telling me several times that his training told him that I had alcohol in my system he said that I was being arrested and would go to jail. He had my car towed away even after he told me that I needed someone to come and pick it up. When I was at the CHP station he continued to test me because he could not make up his mind about whether I was intoxicated or not. I finally took the breath test, but don’t know if I passed because he didn’t tell me. I’m assuming that I passed because he changed his training line to knowing that I had been using narcotics.
I was taken to the hospital for blood work and all the while I kept telling him that I didn’t have anything illegal or medication in my system. After a few hours at the hospital they took me to jail. I was fingerprinted and photographed. When I was released from custody I went to my doctor and told her what happened. She was able to get my blood work from the hospital that took it. I found out that my blood was negative for everything like I said in the first place.
After my arrest I had to stay with my sister because the towing company was conveniently closed during the weekend and holiday, so I had no car. I still wasn’t feeling good and perspiring off and on. My sister said that I could be going through menopause. I did some research on the symptoms and it seemed to be my issue. When I had my doctor’s appt. I had a blood test for menopause and when the results came back it was positive.
I was feeling sick when I got stopped and arrested so my issue was hot flashes and lightheadedness due to menopause. Now I have a Nov. 6th court date. I need an attorney because I don’t know what to do. I can’t afford one so I am seeking a pro bono attorney.
Does the BAC level get higher after 2 hours of the last drink or lower?
Rookie officer in a small town with all the recognizing impaired drivers for DUI, but no mental awareness training. I was having pre-seizure activity he arrested me and I had a grand mall seizure in custody in their cell. I was being told to quit acting out, then an ambulance ride 30 min long and a supposed blood draw, I’m trying to get a copy of the procedure and Hippa law regarding that.
I blacked out and crashed my truck into a tree. The police didn’t do any tests on me on the scene, but in the hospital with a concussion. I was apparently asked by one of the police can they draw blood, and being in the bad shape I was I agreed. I also signed a consent which I do not remember doing at all. I dont even remember the doctor taking my blood or from which arm.
Also from what I’ve heard the officer is required to tell you you have the right to say no. I was never told that, and either way from what Ive read the office still needed a warrant to take it. I feel like the officer took advantage of the condition I was in to take advantage of me not knowing what I was doing or saying. It’s been a week and I am still having trouble remembering 85 percent of what happened after the accident.
I wasnt arrested or brought to the police station, I was just checked out at the hospital then discharged. I told them I hit my head and face on the steering wheel and my nose hurt and my upper jaw. My nose is still swollen and hurts very bad when I breathe or blow my nose. I also dont remember being discharged from the hospital, I was on my medications I’m prescribed for my hypothyroidism. One of them being klonopin, but I take my medication at exactly the same time everyday 5am then again around 6 to 8 then before sleep around 11 or 12.
The accident happened at 630pm I hadn’t taken my meds in 13 hours. But my problem is one of the nurses asked me when was the last time I took painkillers and I told her 2 days before. But that should even be relevant after two days I wasnt under the influence of them what so ever. So they are charging me with dui careless driving and property damage which nothing was damaged. I hit a tree, and I saw the tree the next day and there wasn’t a scratch on it. So I got a lawyer and it seems to me the police made mistakes and took advantage of my condition in the hospital, cause if I was told I didn’t have to give blood I wouldn’t have taken the blood test in the first place.
I was at home with my 5 year old sleeping on couch with here it was after dark go a knock at door saying my girlfriend wrecked and was in bad shape about 3 miles down road I was half asleep but worried so I woken up and carry ed my child to car I just bought from someone didn’t know and paid cash so had my gun in there and drove to wreck and just stepped out to see wreck and got dui and wasn’t even driving told cop had my 5 year old in car they took me to jail and took blood test