Blood Testing and How to Refute Blood Evidence


One of the tools that law enforcement officers use to determine a person’s level of intoxication is blood testing. Blood testing is considered one of the more reliable sources for determining a person’s blood alcohol content (BAC).

The process of blood testing involves police relocating the alleged drunk driver to a hospital, fire department, ambulance or other location where a certified phlebotomist is present. There, the phlebotomist will utilize a blood kit, which contains two tubes for blood, to draw samples of blood for the prosecutor and for the alleged drunk driver’s own independent verification of the results. You have a right to have your own laboratory test your blood to challenge the prosecutor’s results. This is one way in which you can seek to prove your innocence after a blood draw.

Phlebotomists are generally good at their job, but mistakes can be made that can help you win your DUI case. If the blood test results are found to be inaccurate or elevated, you may be able to prove that the testers botched the test if any of the following are true:

  • The phlebotomist used an uncertified blood kit
  • Blood was not properly stored
  • The tester is not properly trained for chemistry or toxicology
  • Interpretations of the data were inaccurate
  • Your blood contained something that was inaccurately determined to be alcohol
  • Your blood sample was mixed up with a different DUI suspect’s
  • The blood was contaminated upon blood drawing
  • Protocol was not followed when your blood was taken

Many people do not know the intricacies of the law when it comes to conducting a blood test. This is why independent verification of the results is so important, as is discussing your case with a drunk driving lawyer.

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