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. The DUI blood test is typically not subject to the exact same scrutiny regarding reliability as does a breath test, and there are still many ways the blood test results can go wrong, or misinterpreted, therefore exposing the best ways how to fight to beat a blood test DUI case based on these results. This in turn creates several potential defenses that can be show what to do in how beat DUI blood test results after your arrest details can be examined to find any potential errors. Whether it be yourself or a friend who has been charged with a DUI, 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, to discuss all of your available options with a knowledgeable, competent, and talented DUI case specialist.
Blood tests is a favorite by many DUI 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. Blood tests, however, are strictly limited under the law in how they are administered. Just because the DUI blood test is considered the most reliable in DUI testing, there are still potential methods to possibly beat DUI blood test results and keep it suppressed in court. The only way to know if your results can possibly be suppressed with any errors in how it was processed, is by having your arrest details evaluated first and then use any discoveries made by your attorney at your court date.
- Problems With The Blood Test For DUI
- Medication or Drug DUI Offense Charges
- Alcohol, Prescription drugs, And The Law
- What Can I Do For 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
Complications Surrounding Blood Testing For DUI And Prosecution
Although it is true that a DUI blood test can offer greater reliability, it has also led to many problems for prosecutors. For instance, when driver gets a DUI and the officer demands a blood test, the prosecutor has to show that the officers had “probable cause” to test your blood. Prosecutors recognize that ‘blood test prosecutions’ (which prosecutors tend to be less familiar with) tend to be more time consuming and thus much more expensive for the state.
The prosecution has a responsibility to show that the DUI blood test was taken by a properly trained, certified, and neutral medical professional. The prosecution must also prove to the judge and potential jury that the blood testing professional did everything right. If the DUI blood test was handled improperly at any point, anything discovered after your arrest details have been examined – your attorney could demonstrate ways how to have DUI blood test results evidence omitted from your case by reason of violation of ‘chain-of-evidence’ procedures, when it applies to your case.
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 DUI 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 DUI for prescription or illegal drugs, a blood test is most often used to prove what drug or medication caused the suspected DUI or intoxication. Since there are many procedures and requirements that must be followed while a driver submits to a prescription or illegal drug DUI blood test, it is essential for any person facing these serious DUI charges have their arrest details carefully examined as soon as possible to explore any possibilities that a skilled DUI lawyer may find for ways how to beat a prescription drug DUI offense. Take great care not to drive while taking 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
Alcohol, Prescription drugs, and the DUI Law
What can come as a surprise to many drivers looking for options of what to do for fighting a DUI charge based on blood test results, is even if a driver’s blood test results are below the .08 level of blood alcohol content that is accepted as the legal level under DUI law, a person can still be considered impaired and therefore be charged with a DUI offense. Being charged with a DUI 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 offense. Since the DUI laws are very technical and complex, especially when a DUI blood test is involved, getting the proper DUI help in time is essential to increase the chances of success in ways how to fight to beat a DUI blood test case for a suspected DUI offense due to alcohol and/or drugs, prescription or otherwise.
Another major issue about prosecuting prescription drug DUI charges in court, is how a DUI involving prescription drugs are difficult to prove. Because of these difficulties, after a person’s DUI arrest circumstances can be carefully reviewed online through us by a skilled DUI lawyer from your area, they quite possibly may be able to find certain defense options that could provide ways of how to get out of or beat a prescription drug DUI arrest charges based upon those crucial details of your arrest.
A DUI 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 DUI/DWI offense over the alcohol legal limit, a conviction for a prescription drug DUI charge can result in a person’s drivers license being automatically suspended for at least one year, just the same as an alcohol DUI 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 a DUI conviction showing up on a person’s background check and permanent criminal record. If you are a licensed professional in your particular occupation, any type of DUI offense conviction whether it be from alcohol, prescription or illegal drugs, it can jeopardize your professional license to keep your employment. This is in addition to severe fines and the potential jail time associated with the DUI sentence itself.
When the DUI consequences are this serious, it is important to have your own unique arrest details be examined online through us by a skilled DUI attorney from your area, who will be up to date with all the latest DUI defense strategies of how to fight to beat a DUI for alcohol, prescription medication, or illegal drugs cases. Since DUI blood test 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 DUI blood test was properly administered and processed correctly according to DUI procedures.
Fighting to beat DUI blood test cases involving 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 DUI attorney’s knowledge of DUI laws and how to challenge the science involved in DUI blood test results. 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 DUI blood test case.
What can I do for possible ways how to beat a DUI blood test case.
If you are fighting a DUI offense arrest charge based upon DUI blood test results, you are already likely aware that you stand to lose a lot more than money if you are convicted of driving under the influence. Your way of life and your livelihood is on the line. A DUI/DWI conviction creates a criminal record that can have a serious impact on your future and affect your life for years to come. In addition to the high DUI costs and fines, you could lose your license and all driving privileges. A DUI offense on your record can also raise your insurance rates and prevent you from getting many jobs. Because the consequences of a DUI/DWI conviction are so severe, it is important to find a lawyer who has extensive experience fighting DUI charges in your area. By first having your DUI arrest details carefully examined through us online with a skilled attorney from your area, it may very well help in providing you a defense of what to do for how to beat a DUI blood test case.
The penalties for DUI arrest charges are severe and will continue to become harsher every year. After the details of what happened during your arrest and blood test procedure can be examined online through us, an experienced DUI lawyer from your area could raise a variety of possible defenses of how to beat a DUI blood test case. Some of these potential DUI blood test defenses 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 your arrest details professionally examined by an experienced lawyer that knows what to do for possible ways of how to defend and fight to beat DUI blood test case, you could end up with a DUI criminal conviction you could may have avoided if proper help was sought in time. If your driving under the influence arrest involved you having to take a DUI blood test, leaving you now looking for answers of what to do next in fighting the blood test results and DUI case in general – please be sure to have the details of your arrest carefully examined online through us free and easily online. An experienced and skilled DUI lawyer in your area can then be able to discuss your case with you, and begin assisting you with your best DUI defense options for potential ways of winning against a DUI blood test case in court.
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 medicine. Having a local DUI lawyer with us examine the information could very well make all the difference between having a permanent criminal record with a DUI 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 blood test results 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 blood tests, where a trained and local DUI expert with us could help fight to get the blood alcohol test readings kept out of court as evidence, and 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 DUI 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.
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 DUI 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 a DUI 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 DUI and DWI blood test results time frame rules in place 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 DUI case based on blood test results 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 test. 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, and the blood test results 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 impaired 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 DUI charge in court for a dismissal, especially in cases where blood evidence is involved.
How Having Your Arrest Details Examined Online can Help Beat A Blood Test DUI Case
It is with all blood test cases, 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 your arrest, could assist to help suppress improperly collected test evidence, which in turn will be used to manipulate the case to your benefit with your legal counsel. With so many ways that blood testing for DUI can go wrong, the eventual results are rarely of significant enough in and of themselves to bring a conviction on their own. Through the skilled and careful work from analyzing your arrest details with top-level DUI defense attorney, you can then fight and potentially beat the DUI blood test results and preserve your rights under the law. Making use of this free online examination of your arrest details will help in providing insight of possible defenses of what to do that can be used for your behalf.
Your unique arrest details and the information gained of what took place and any potential police procedure mistakes made during your particular driving under the influence arrest, is the best key to success for finding the best ways possible of what to do in fighting a DUI blood test case in court. Get the help you need today in how to fight to beat a DUI/DWI arrest charge based on DUI blood test results 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