What is Tested for in a DUI Blood Test and How to Fight Blood Results
DUI blood test and how to beat the results in court, is most often accomplished due to improper procedure such as a blood draw after 2 hours time limit giving a false positive high BAC, police not having a warrant, or DUI blood sample chain of custody legal problems with how the blood was stored and analyzed which questions the accuracy of true alcohol and drug levels in a driver’s system at the time of arrest.
You can fight blood test DUI, DWI charges for prescription drugs, alcohol, and Marijuana using legal motions, objections, and arguments when there are specific legal technicalities with the blood test procedure or police mistakes which can get a DUI blood test case dismissed. There are different blood sample chain of custody defenses with each individual arrest to get BAC and THC evidence tossed out, blood draw cases dismissed or charges reduced. This is how the best lawyers in the country challenge blood test DUI charges to get dropped fast.
One of the many tests used by police to ascertain sobriety relating to driving under the influence (DUI) cases, the common BAC blood test, is supposedly the most reliable. However, challenging the DUI blood test level readings is possible since it is typically not subject to the exact same scrutiny regarding reliability as does a Breathalyzer. What is tested for in a DUI blood test: alcohol, illegal drugs, prescription and OTC medication, Marijuana, or any other chemical substance that is known to cause impairment or intoxication.
Additionally, there are still many other ways how the blood alcohol content test results can go wrong or misinterpreted. We help to expose the best legal methods and ways how to beat a blood test DWI charge or DUI case based on these results. Knowing what is tested for in a DUI blood test is the key for ways to fight the results based upon a driver’s specific test level readings.
There are many protocols the police blood test for drugs and alcohol they must adhere to for the results remaining legally valid to use as evidence in court. A common police error that can fight a blood test DUI charge case to get dismissed, is when they allow a BAC or THC blood test sample to sit for several days before they analyze it. This technical legal defense works to to successfully challenge DUI and DWI blood tests, since decomposing organic material in blood happens fast and creates elevated alcohol levels which occurs naturally.
Moreover, many women have strong DUI defenses for throwing out blood test results based on certain chemical & physiological differences with how females process alcohol, THC, and prescription medicine in their bodies as compared to men.
Particularly in cases if a defendant had a DUI blood test without consent or a warrant, a person will have a good chance of getting dismissed with expert legal defense help in time before court. When this type of crucial legal technicality under 2020 DUI blood test law happens, it will often result in a winning defense of charges getting dropped or thrown out of court entirely.
This recent news report footage of unjust arrest scenarios based on DUI blood level results as shown, also regularly occurs to drivers in every state. A wrongful charge happens when it is based upon an officer’s same false or mistaken observations of intoxication, or their predetermined bias of a driver being under the influence of alcohol, drugs, or prescribed medicine. The best THC, DUI, DWI blood test defenses are always based on identifying arrest-specific legal technicalities.
Especially after the legalization of Cannabis, CBD in many states, more drivers today are getting arrested for Marijuana DUI charges – which has led to expert defense lawyers setting a new precedent to challenge DUI blood sample chain of custody paperwork and test results. We are experts with the common lapses that occur during arrest procedures as well as chemical testing errors. In fact, we can pinpoint mistakes in the blood drawing process as soon as we analyze a driver’s arrest specifics.
Finding these technical BAC, THC defenses in time is the best way how to fight a DUI blood test and get a case dismissed in court fast by having the blood results tossed out as evidence.
Knowing what happens when you fail a blood test for DUI and how quickly a driver takes action to get the best legal help, is essential for the highest chances of a case dismissal or dropped charges. The legal strategies we use creates several potential defenses that can show what to do for fighting a DUI or DWI test results, once the arrest details can first be reviewed to find any possible errors in a driver’s BAC (blood alcohol content) testing procedure.
Outlined below are the 7 most effective ways to challenge and fight the accuracy of the blood draw level sample for driving under the influence charges.
- Problems With The Blood Test For DUI
- Medication or Drug DUI Offense Charges
- Alcohol, Prescription drugs, And The Law
- What Can I Do To Fight A DUI Blood Test Case?
- The Importance Of Analyzing Different BAC Levels
- What Is The Reasonable Cause Law For Having To Take The Blood Test?
- How Arrest Details Can Beat A Blood Test DUI Case
Even though there have been strict new laws passed in 2020 for blood testing a driver’s BAC level, there have also been new ways developed for how to challenge a blood test accuracy for a DUI case. This is because of how Alcohol is quickly absorbed into the blood and can be measured within minutes of having an alcoholic drink. (Source: webmd.com)
A person can be stopped for DUI or drunk driving if suspected of operating a vehicle under the influence of alcohol or drugs. Once stopped, a driver may be subjected to field sobriety tests, which may include checking for slurred speech or walking in a straight line when asked to do so by police. Following an arrest, next a breath or blood test may be requested by police at the hospital or station to determine a person’s BAC level.
The government has passed laws addressing blood alcohol concentration limits that applies to all drivers of cars, trucks, and motorcycles of legal drinking age. Under these alcohol laws, finding the best defense against the charges from results of a high BAC after a blood test can quickly become technical and complex. However once a skilled local blood test lawyer will review all the facts and potential legal issues involved in a case online with us, next they can even use experts in BAC toxicology to help challenge the results of a blood sample test.
Whether it be yourself or a friend who has been charged with a DUI or DWI offense, and you willingly or unwillingly submitted to a blood test, contact us by having your arrest details examined free online through our site at your earliest possible opportunity or convenience. This is the best way to discuss all of your available options with a knowledgeable, competent, and talented blood testing case specialist.
Taking a driver’s blood sample is a favorite by many arresting officers, not only because they are more reliable in showing exact blood alcohol level results, but also because they often show the presence and concentrations of any/all illegal and prescription drugs which may be in the driver’s body. These types of drunk or drugged driving blood tests however, are strictly limited under the law in how they are administered.
Just because the blood test is considered the most reliable, there are still potential methods to possibly throw out a case based on blood draw results and keep it suppressed in court. Getting a DUI blood test charge case dismissed quickly will also prevent the high ignition interlock device cost by avoiding the device installation requirement entirely.
How long does it take for a blood test to come back? The exact time period can vary by testing facility and other factors in how it was processed.
The only way to know if the BAC test results can possibly be suppressed with any errors in how the blood was collected or processed, is by having the arrest specifics reviewed first. You can then use any discoveries made by the local attorney nearest your location at your next court date. Any police error identified during an online arrest review, is one of the most efficient methods than can lead to defenses having the blood test removed as evidence in court.
1. Complications Surrounding Blood Testing for DUI and the Prosecution
Blood tests are fallible in DUI cases, most often due to hospital or technician errors with administration, processing, and storage issues which render the blood alcohol results legally invalid in court under October 2020 DUI, DWI law in every state.
Although it is true that a DUI and DWI test of a blood draw can offer greater reliability, it has also led to many problems for prosecutors trying to prove the case. A good defense lawyer may discover problems with the testing accuracy on cross-examination, based on the chemistry involved in analyzing the blood. (Source: nolo.com)
For instance, when driver gets arrested for drunk or drugged driving and the officer demands a blood test, the prosecutor attorney has to show that the officers had “probable cause” to test a driver’s blood. Prosecutors recognize that ‘blood test prosecutions’ (which prosecution lawyers tend to be less familiar with) also tend to be more time consuming and thus much more expensive for the state.
Chain-of-Custody DUI, DWI Blood Test Defenses That Work
The prosecutor has a responsibility to show that the blood test for a DUI arrest was taken by a properly trained, certified, and neutral medical professional. The prosecution attorney must also prove to the judge and potential jury that the blood testing professional did everything right. If the draw of a driver’s blood was handled improperly at any point, anything discovered after your arrest details have been examined – your attorney could demonstrate ways of defenses how to have blood test results evidence omitted from the case by reason of violation of ‘chain-of-evidence’ procedures, when it applies to your case.
In some cases for example, an individual refuses a breathalyzer and the police get a warrant and took a blood test sample to analyze for BAC and illegal drugs, Marijuana, or prescription meds. However, depending on the type of warrant the police obtained and who processed the test, the blood sample needs to be signed off on or initialed by the test administer and other chain-of-custody handlers of the blood test sample to verify it was from the driver charged with DUI, DWI.
Ironically, too many bad attorneys overlook these kind of legal technicalities which could end up making all the difference whether a THC DUI blood test case gets thrown out or not by a creating a legal reasonable doubt defense.
This is where the importance of a thorough online arrest review can help ensure a driver is aware of how to use their specific case facts and blood test results to their best defense advantage. Moreover, a person will then be aware if their lawyer is doing all they can putting in their maximum effort to win a case – or at the very least, negotiate to get a good plea deal to a less serious charge than DUI, DWI.
2. What Can I do for Possible Ways How to Get Out of a Prescription Drug or Medication DUI Offense Charge?
While alcohol is still he most common and cause of driving under the influence or intoxicated, there are still other substances such as illegal drugs or prescription medication that can create a safety hazard while driving a vehicle and result in a prescription drug DUI offense charge. An alarming and growing number of arrests today, show that people fighting prescription drug DUI charges are on the rise throughout the country.
While most illegal drugs are extremely dangerous to use, and this is especially true when driving, this can also hold true with several types of medications, such as prescription or over-the-counter drugs, that may cause inattention and drowsiness, or lack of coordination. When a driver is arrested on suspicion of a being under the influence for prescription or illegal drugs, a blood test is most often used to prove what drug or medication caused the suspected offense or intoxication.
Since there are many procedures and requirements that must be followed while a driver submits to a prescription or illegal drug blood test, it is essential for any person facing these serious drugged driving charges have their arrest events carefully examined as soon as possible. This is to ensure the chance to explore any possibilities that a skilled blood testing lawyer may find for case winning defense tactics that work to beat a prescription drug DUI or DWI offense. Given how many drivers are getting arrested recently for this a driving under the influence of prescription or illegal drugs offense under new laws, it is important to take great care not to drive while taking any of these drugs.
Below are some of the most common types of DUI blood test for prescription drugs that a person can be arrested for a prescription drug DUI, DWI offense charge:
- Other narcotics
- Tricyclic antidepressants
- Antiemetic agents
- Antipsychotic drugs
- Major tranquillizers
- Phenothiazines (i.e., chlorpromazine)
- Ophthalmic preparations
- Sedatives and anxiolytics
- Skeletal muscle relaxants
- Antihypertensive drugs
- Antineoplastic agents
- Chemotherapeutic agents
The draw accuracy of the DUI blood level for alcohol or drugs can be disproved in many cases, when we can help in time before court.
3. Alcohol, Prescription Drugs, and the DUI Law
There are several facts that come as a surprise to many drivers looking for options of what to do for fighting a DUI charge based on blood test results. One such fact is that even if a driver’s blood test results are below the .08 level of blood alcohol content that is accepted as the legal limit under the law, a person can still be considered intoxicated and therefore be charged with a drunk or drugged driving offense. Being charged with a driving under the influence of over the .08 blood alcohol content in the bloodstream, is a criminal offense in itself.
However if a driver shows signs of intoxication or impairment due to alcohol, illegal or prescription drugs – a person can still be too intoxicated to drive safely even on one drink or low level of drugs, and could be charged and convicted with of a DUI or DWI offense. Since 2020 DUI blood test for prescription drugs laws are very technical and complex, especially when a blood draw analysis is involved, getting proper legal help in time is essential to increase the chances of success. We provide the legal tactics how to void and get out of a blood test case for a suspected intoxication offense due to alcohol, drugs, prescription medicine, or if other rights were violated.
Another major issue about prosecuting prescription drug driving under the influence charges in court, is how a charge involving prescription drugs are difficult to prove. Because of these difficulties, after a person’s arrest circumstances can be carefully reviewed online through us by a skilled DUI blood test lawyer from your local area, they quite possibly may be able to find certain case-winning defense options. This gathered information exposes the best ways of how to challenge and beat a prescription drug DUI arrest charges based upon those crucial details of the arrest circumstances.
A conviction or guilty plea for alcohol or prescription drug arrest charges will have a serious and lasting effect on a person’s life if convicted. Just like a conviction for a drunk driving offense over the blood alcohol legal limit, a conviction for a prescription drug DUI or DWI charge can result in a person’s drivers license being automatically suspended for at least one year, just the same as an alcohol driving offense. The lack of having a valid license due to a lengthy suspension can affect a person’s ability to hold a job, and make getting a new job more difficult with the conviction showing up on a person’s background check and permanent criminal record.
If a driver is a licensed professional in their particular occupation, any type of related offense conviction whether it be from alcohol, prescription or illegal drugs, it can jeopardize a person’s professional license to keep employment. A conviction of these charges causes many people to get fired from a job, since many companies have strict policies in place for drunk or drugged driving offenses. This is in addition to severe fines and the potential jail time associated with the sentence itself.
When the consequences of a conviction or plea of guilty are this serious, it is important to have a person’s own unique arrest details be examined online through us by a top-rated DUI blood testing attorney who is local to where a person will be going to court at. Just as importantly, is the local lawyer with us reviewing the information online, will be up to date with all the latest blood test case defense strategies of how to defend and beat a charge involving alcohol, prescription medication, or illegal drugs cases.
The testing of a driver’s blood is becoming more prevalent due to being able to better detect a prescription or illegal drug DUI, besides only alcohol. Any person facing these serious charges needs to ensure all of their rights are protected, and the test was properly administered and processed correctly according to blood collection procedures.
Fighting to get out of blood test cases for DUI and DWI charges that involve alcohol, prescription medication, or illegal drugs can be even more complicated if proper help is not sought in time as soon as possible after an arrest. Successful results often hinge on a local attorney’s knowledge of both driving under the influence and blood testing laws, and knowing exactly how they will challenge the science involved in test results of how the blood sample was collected.
After a person’s arrest details can be thoroughly analyzed for potential test procedure mistakes other crucial errors, they will then be in a better position and ability to apply the law to fight specific facts of the blood test under the influence case. This will also assist in finding additional options and legal defenses to help avoid a license suspension from happening in time.
4. What Can I do for Legal Methods How to Fight a DUI Blood Test Level Case.
If you are currently fighting a driving under the influence offense arrest charge based upon readings of blood test results, you are already likely aware that you stand to lose a lot more than money if you are convicted of drunk or drugged driving. Your way of life and your livelihood is on the line. A conviction of a DUI or DWI charge will create a permanent criminal record that can have a serious impact on a person’s future and affect life for years to come. In addition to the high costs and fines, a driver could lose a license and all driving privileges with a suspension.
Even just one drinking or drugged driving offense on a person’s record can also raise car insurance rates and prevent a person from getting many types jobs. Because the consequences of a driving under the influence conviction are so severe under the new law, it is critically important to find a lawyer who has extensive experience fighting blood test results charges that is local to the area a person is going to court at.
First, have the arrest details carefully reviewed through us online with a local BAC attorney nearest your location. This expert legal assistance truly is the best help in providing a defense for what to do with finding ways how to get out of a blood test results case, or have the charges dropped to a less serious offense in court.
The penalties for convictions of intoxicated driving arrests are severe and will continue to become harsher every year. After the details of what happened during an arrest and blood test procedure can be examined online through us, an experienced local lawyer near you could raise a variety of possible defenses of how to invalidate the blood test results and win the case effectively. Some of these potential blood test defenses in this type of case include challenging the officer’s observations, questioning police procedures, and arguing against the validity of toxicology reports from the hospital or police.
Without getting the proper help in time by having the arrest events professionally examined, the consequences are expensive to say the least. However, a qualified criminal defense lawyer near you will know what to do for possible ways of how to defend a blood test case for a possible dismissal of the charges.
A driver could end up with a criminal conviction they may have otherwise avoided if proper help was sought in time. If a person’s driving under the influence arrest involved having to take a DUI blood level test, we can first discuss the available case strategies with you. Next, we begin assisting with the best defense options for ways of winning against a drunk or drugged driving case regarding the BAC test results in court.
5. The Importance of Analyzing Different Blood Alcohol Content Levels
Once we can have the opportunity to review a driver’s arrest details online, there is a lot we can do when a person has lost a license from failing a blood test, blowing over the legal limit, and has been charged with driving under the influence of alcohol, drugs, or even some prescribed medicine. Having a local-based DUI lawyer with us examine the information could very well make all the difference between having a permanent criminal record for life, or beating the charges and moving on.
There are important details in which we can help, such as having one or two drinks shortly before driving – could mean that a person’s blood alcohol content at the exact time they were driving, was not as high from what the blood alcohol level reading was at the time of the test. This is because after some elapsed time of the last drink, the alcohol gradually enters the bloodstream which will result in a higher BAC readout.
Police officers know this, which is why they typically like to take the official blood and breath test samples after an hour or 2 of when they know the driver had their last drink. That way with the higher blood alcohol level readout on the test, it can further help their evidence to justify the DUI or DWI arrest charge against a driver.
The results of the blood testing that are used against a person in court as the prosecution’s evidence, is the test that is collected at the hospital or police station after a driver has been arrested. Since this particular blood test occurs at a later time, after examining a driver’s details – a lawyer with us can often fight the case that a person’s BAC level was in fact below the legal limit at the time they were driving, before the elapsed time occurred later of having to take the blood test at the hospital or police station.
It is in complex and technical cases such as these involving testing of a driver’s blood, where a trained and local BAC test expert lawyer with us could help counteract to get the blood alcohol test readings kept out of court as evidence. This is how to win the case successfully in many circumstances, based upon the information of what happened at the time of the arrest.
Therefore when seeking answers for what are the best strategies of defense for a driving under the influence or DWI blood test results case, the importance of every aspect of the details cannot be stressed enough in providing the best chances to drop the charges or get the case dismissed altogether. We are able to help immediately with advice how to fight the BAC results in a particular case, as soon as a person decides to contact us online regarding their own situation.
6. What is Reasonable Cause Under the Law for Having to Take the DUI or DWI Blood Test?
It is important to realize that the blood test for a DUI or DWI is a type of police search, which means that a driver has very important rights. Driver’s facing this situation understandably have many questions like what do they test for, and how long does it take to get blood alcohol test results?
Some driver’s wonder if there is a difference between a blood test vs breath test in how they can be won. One of the main differences from an ordinary police search is, unlike the police searching a person’s car, with the blood test they are searching a driver’s blood after the arrest for evidence of alcohol, Marijuana, other illegal drugs, or even prescription medicine.
However before the arresting police officer can conduct a lawful request in asking a driver to take a blood test, they need to have the proper grounds or a valid reason to do this. Just as police cannot simply walk into a person’s residence and begin a search for no reason, they also can’t force a sample of a driver’s blood without reasonable cause to suspect a driver is under the influence of alcohol or drugs. This is because all police officers must abide by a driver’s constitutional rights, which protects all United States citizens in every state from unreasonable search and seizure.
Many people beat blood test cases after the arrest details can be reviewed for proper help in time to formulate the best defense based upon what exactly happened at the time of the arrest. There are certain regulations with test results time frame rules in place for a blood draw under what the current laws are. When after reviewing a drivers arrest situation online with us, it may be found that the testing time limit or other parts of the procedure were not followed properly and the results could be kept out as evidence in court.
How a driving under the influence case based on results of the blood test typically works, is a judge will hear the evidence surrounding the circumstances of what happened at the time of the arrest which led up to the Breathalyzer or blood draw sample. Next, the judge will determine if the arresting police office had reasonable cause to demand that a driver take the blood test at the hospital or police station.
This is when in cases where proper test procedure was not followed under the DUI law, the judge will determine that there was not sufficient reasonable cause. Therefore the results of the blood draw samples will not be allowed to be used in court against a driver.
The new laws layout strict procedure guidelines and rules that the police must follow when making a demand and taking a breath/blood sample. If the procedure is not followed, the test results may be excluded from evidence a person charged with driving under the influence of alcohol or intoxicated by drugs.
Below are the 4 most common reasons why the results of the blood test are not always correct for a DUI or DWI charge case.
- The police officer administering the blood test may make an error in procedure under the law guidelines.
- The testing equipment, storage, or lab itself may be improperly maintained, causing false blood alcohol content (BAC) results.
- The amount of alcohol a driver drank before driving may not have resulted in a blood alcohol level that was over the legal limit of .08 BAC.
- A person’s blood alcohol content might read over the legal limit at the time of taking the test, but may have been under the limit at the time of driving.
In addition to the 4 common ways outlined above that many drivers have been able to defeat and win a blood test case, other evidence which contradicts the results of the blood test, is commonly known as “evidence to the contrary” in legal terms. This is where many certain details that are unique to a driver’s own arrest scenario, can be used to a person’s defense as strong evidence when contesting the charge in court for a dismissal. This happens especially in cases where blood evidence is involved.
7. How Having Your Arrest Details Examined Online can Help Defeat a Blood Test DUI Case
Can a DUI blood test be wrong? Yes, there are numerous factors for what can affect a blood alcohol test to produce false positive BAC results of DUI. The most common DUI, DWI blood screen problems are due to blood sample chain of custody issues, inconclusive blood test results, or accuracy concerns because of a blood draw taken after 2 hours time limit – as well as how the blood was stored for alcohol and drug analysis.
It is with all drunk or drugged driving cases regarding the results of blood tests, that an area of inconsistencies and confusion exist. The best DUI, DWI blood test defense tactics and methods are developed after reviewing the specific details of what happened during a driver’s arrest.
Identifying these case-specific BAC defense strategies in time often will help suppress improperly collected test evidence, which in turn will be used to manipulate the case to person’s benefit with expert legal counsel. With so many ways that blood testing for a DUI charge can go wrong, the BAC results are rarely of significant enough in and of themselves to bring a conviction based on that alone.
Learning what happens when you fail a blood test for a DUI of alcohol or drugs is vital for finding the right defense strategy to get charges reduced or the case dismissed entirely in court. Through the skilled and careful work from analyzing the arrest details with top-level DUI defense lawyer nearest your location, a driver can then disprove and invalidate the results of a blood test and preserve all their rights under the law. Making use of this free online attorney review of the arrest details, will help in providing insight of possible defenses and what to do that can be used to increase a driver’s case dismissal chances.
The unique arrest details and the information gained of what took place, along with any potential police procedure mistakes made during a driving under the influence arrest, is the best key to success for finding ways of what to do in fighting a drunk or drugged driving blood draw case in court.
We are experts with providing everything you need to know about BAC blood test results defenses and procedure mistakes in a DUI case as soon as we analyze a driver’s arrest specifics online. This defensive measure gives the best chances of winning and getting out of a case of a failed blood test over the BAC legal limit of .08, intoxicated by illegal drugs, or Marijuana.
Taking defensive legal action quickly as possible after an arrest is crucial today, to get the legal help needed to fight DUI blood test results of BAC or drug levels. Blood testing for alcohol, Marijuana (THC) or prescription drugs must follow strict protocol to maintain accuracy and there are many reasons why blood tests can provide inaccurate results.
Many ways to challenge a DUI, DWI blood test by identifying technical or police errors are often found after an expert arrest review. Case-specific legal defenses fight to have the blood test results excluded from evidence, providing the best ways how to beat a DUI blood test in: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Avoid the costly consequences of the offense under the new law in every state. You can fight and beat blood test DUI charges and get a case dismissed using strategic technicality defenses under the legal code for BAC and THC drug testing.
How to Beat a DUI, DWI Blood Test Case by Challenging Varying Blood Alcohol Levels
It is a biological fact that unabsorbed alcohol will gradually enter a person’s bloodstream the first few hours after the last drink. In order for DUI, DWI blood test results to be legally admissible as evidence by police, the breath or blood test results used against a driver in court can only be from BAC test results obtained at DUI checkpoint locations, or at the local police station.
After an arrest review, we can show the best defenses how to fight and beat a DUI, DWI, THC blood test case based on legal challenges that a person’s blood alcohol level was likely below the legal limit while driving, before taking the BAC tests. This is the kind of reasonable doubt needed to win, that expert DUI specialists can use to extrapolate a driver’s blood alcohol reading and get a blood test DUI case dismissed.
Blood Test DUI, DWI October 2020 Additional Law Resources: