One of the many tests used by police to as certain sobriety relating to driving under the influence (DUI) cases, the common blood test, is supposedly the most reliable. However challenging the DUI blood test is possible since it is typically not subject to the exact same scrutiny regarding reliability as does a breath test, and also because there are still many other ways how the blood test results can go wrong or misinterpreted. Therefore we help to expose the best ways how to beat a blood test case based on these results.
Knowing these legal strategies in turn 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 examined 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 test sample for driving under the influence charges.
Even though there have been strict new laws passed in 2017 for blood testing a driver’s BAC level, there have also been new ways developed for how to challenge a blood test 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.
Blood tests are 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 beat a case based on blood test results and keep it suppressed in court.
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 details reviewed first. You can then use any discoveries made by the local attorney nearest your location at your next court date.
1. Complications Surrounding Blood Testing for DUI and the Prosecution
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.
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 test 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 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.
2. What Can I do for Possible Ways How to Beat 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 growing number of arrests, show that prescription drug DUI arrest charges are on the rise.
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 details 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 ways how 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 prescription drugs that a person can be arrested for a prescription drug DUI 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
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 the these new laws are very technical and complex, especially when a blood test is involved, getting the proper legal help in time is essential to increase the chances of success. We provide the ways how to fight and get out of a blood test case for a suspected intoxication offense due to alcohol, drugs, prescription medicine or otherwise.
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.
4. What Can I do for Possible Ways How to Fight a DUI Blood Test Case.
If you are currently fighting a driving under the influence offense arrest charge based upon 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 beat a blood test results case, or get the charges dropped 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 fight 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 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 fight 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.
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 beat 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 fighting 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 Beat a Blood Test DUI Case
It is with all drunk or drugged driving cases regarding the results of blood tests, that an area of inconsistencies and confusion exist. This is where the tactics and methods that may be used after knowing the specific details of what happened during a driver’s arrest, could assist to 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.
Through the skilled and careful work from analyzing the arrest details with top-level DUI defense lawyer, a driver can then fight and potentially beat 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 test case in court.
For the best chances of winning a case, please take action quickly as possible after an arrest to get the legal help needed today for how to fight and beat an offense charge based on DUI or DWI blood test results in time to avoid the costly new consequences.