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Challenging a DUI blood test

| Jun 23, 2020 | DUI |

Law enforcement officers have numerous tools at their disposal to build a strong case against drivers in Georgia. Field sobriety tests and breath tests can be used to support the results from chemical tests … but are these tests ultimately reliable? Can a DUI blood test result be challenged?

In recent years, breath tests have come under heavy scrutiny as both their validity and reliability have been called into question. Chemical tests, which can include blood, urine or saliva, were thought to be more dependable. However, errors can occur at nearly every stage of the testing process. Blood tests can potentially be challenged in three ways.

  • Errors in administering the blood draw: An experienced criminal defense attorney can thoroughly examine the credentials of who was involved. The training of the technician might become a central factor in building an effective defense.
  • Errors in the chain of custody: Unfortunately, it is not uncommon to uncover disturbing gaps when examining who had control of the blood, the results or both.
  • Errors in the equipment’s calibration: Similar to breath tests, numerous arguments can be raised centered on the calibration and operation of the equipment used to draw and examine the blood.

There are numerous additional tactics that could be used in building a strong, effective defense. Depending on the unique situation you find yourself in, a knowledgeable lawyer might choose to pursue paths of defense including the cleanliness of the equipment and possible contaminants in the environment. It is wise to act quickly to ensure you receive skilled legal guidance.