Arizona Criminal Defense Attorney Blog
10 Ways Scottsdale Attorneys Challenge Blood Alcohol Tests
In same cases your blood test results can lead to a dismissal of your Scottsdale DUI charges. If you were arrested for a Scottsdale DUI, based on your BAC results that evidence alone does not mean you will be convicted. In fact, some Scottsdale DUI attorneys may be able to use the blood testing evidence to defend your DUI charges.
Scottsdale DUI Defenses | Challenging Blood Test Evidence
If you were charged with an AZ DUI in Scottsdale based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Scottsdale AZ on a regular basis. Often your DUI defense attorney can challenge the prosecution’s blood evidence. In many cases this can lead to suppression of that evidence and dismissal of your DUI charges.
Here are some common ways your AZ DUI lawyer might challenge your blood test results:
1. Your DUI defense attorney finds violations and errors in conducting of the blood test;
2. Police or medical personal failed to follow prescribed rules of testing, analysis, preservation, or transport.
3. The Police Officer or other person drawing the blood was not properly trained and certified in phlebotomy and DUI blood testing.
4. Your defense attorney had the sample of the blood you were given for your defense tested by an independent lab. The independent lab results were largely different that the results taken by the police.
5. Due to improper labeling, the blood sample being used against you was not actually yours (Yes, it does occasionally happen).
6. The vial was not properly sealed..
7. The blood kit used by the police was expired.
8. The blood testing kit used to draw the blood was stored in the trunk of the police officer’s vehicle and subject to extreme Arizona heat for a long period of time.
9. The police sent their blood sample to a hospital instead of the appropriate crime lab for processing. Hospital medical personnel are usually not trained or required to follow the strict guidelines for criminal evidence testing procedures and protocols. They are held accountable to their own governing entities for the testing and treatment of patients for medical purposes only.
10. The arresting police officer either refused or failed to draw and give you a second sample of your blood for defense testing. This is a violation of your constitutional rights.
Attorneys – Scottsdale DUI defense
Once you have contacted a prospective DUI attorney to defend your Scottsdale AZ charges, be sure to ask them, initially if they intend to retest the blood. The best Scottsdale DUI lawyers usually do. Also, ask who will be responsible for paying the blood retesting fee charged by an independent lab. This fee can cost between $250.00 and $350.00. Generally, the AZ DUI attorney will include that in the total price of your defense. Sometimes DUI attorneys in AZ will pay the fee on your behalf as a courtesy. But if they require you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Scottsdale DUI lawyer, it is well worth the cost to pay to have the blood sample retested Many DUI charges have been dismissed because they were challenged by the DUI defense attorney. Top rated Scottsdale criminal defense attorneys; will investigate all the aspects surrounding the blood test results. They will then educate the court and prosecution, present compelling arguments and file motions that will lead to dismissal of your Scottsdale 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.