DUI defenses: 10 ways to challenge DUI blood test evidence
Find out how top Chandler DUI Lawyers Challenge DUI or Drug Blood Alcohol Tests
DUI & Drug blood test evidence can be challenged by your Chandler DUI or Criminal Defense lawyer. The results often lead to a dismissal of your DUI or Criminal charges.
AZ DUI Laws | Defending Blood Alcohol Content (BAC) Test
If you were arrested for drunk driving or DUI Drug charges in Chandler AZ based upon your DUI blood testing results, your private Chandler DUI or criminal lawyer can sometimes be used as exculpatory evidence (evidence that helps your defense).
Below are 10 ways your AZ DUI or criminal defense attorney might use to challenge your Chandler drunk driving or Drug DUI blood test results.
1. Errors occurred in the conducting of the blood test.
2. Police violated required protocol related to DUI blood alcohol testing, analysis, preservation, or transportation of the blood sample.
3. The Police Officer who conducted the blood test was properly trained and was not certified in phlebotomy for DUI or drug testing;
4. The blood sample retested by your Arizona criminal defense lawyer or DUI attorney at an independent crime lab resulted in significantly different results than those processed at the police crime lab;
5. Due to improper labeling the blood sample belonged to someone else other than you.
6. The blood sample container was not properly sealed during storage and transport;
7. The date of the DUI or Drug testing kit used by police to conduct your test was expired.
8. The DUI or drug blood testing kit used by police was stored and exposed to prolonged extreme temperatures which compromised accurate results.
9. The police had your blood sample processed at a hospital instead of a crime lab. Most hospitals are not equipped for or designed for processing of criminal evidence. They are not required to follow proper protocol for testing, storage and transport of criminal or DUI evidence. They are intended for treatment and testing of injured or ill patients. Further, they have different policies, procedures and governing entities.
10. The police officer (s) who conducted your blood test failed or refused to give you a blood sample for your Chandler drug DUI or criminal defense attorney. Their refusal upon your request is a violation of your rights. Violation of rights can result in suppression of evidence or dismissal of your criminal or DUI charges.
Criminal Lawyers for DUI or Drug Charges in Chandler AZ
When you consult an Arizona criminal defense lawyer or DUI attorney to defend Chandler DUI or drug charges, ask the defense attorney if they plan to retest the blood sample. The best DUI lawyers or criminal defense attorneys who defend changes in Chandler AZ this on every alcohol DUI or Drug DUI case involving blood testing.
Also, ask your attorney up front, if you will be responsible for the blood retesting fees for the retesting by an independent lab. The charge for this service averages between $250.00 and $350.00 in Maricopa County. Many AZ DUI and criminal defense lawyers will factor the fee into your total defense costs. Some DUI attorneys in AZ will absorb the cost as a courtesy, because they understand how important it is to your defense. If you are required to pay the fee on top of defense costs, it is still well worth it, to pay the fee and have the blood retested. Many drug DUI and AZ drunk driving charges have been dismissed because the tests were challenged successfully by the defense. The best Chandler criminal defense attorneys in AZ know what to look for in their examination of the processes surrounding the blood test results. If they can find weaknesses or flaws in the prosecution’s blood sample evidence, they will educate the court and prosecution; and present compelling arguments on your behalf which may lead to a total dismissal of your Chandler DUI or Drug DUI charges.
If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.
