Arizona Criminal Defense Attorney Blog
10 Ways Gilbert DUI Lawyers Defend Blood Alcohol Tests
DUI blood alcohol test results evidence can be challenged by your Gilbert DUI Attorney. In some cases, this can lead to a total dismissal of your Gilbert DUI charges
AZ DUI Law | Defending Blood Alcohol Content (BAC) Test
If you were charged with a DUI in Gilbert AZ based upon your DUI blood testing results, you should contact a Gilbert DUI lawyer as soon as possible. In many cases, your DUI defense attorney can challenge the prosecution’s blood evidence. This may lead to suppression of that evidence and total dismissal of your DUI charges.
Here are at least 10 reasons your Gilbert AZ DUI lawyer might use to challenge the prosecution’s evidence relating to your DUI blood test results:
1. Errors in the blood testing process occurred;
2. Police did not follow required protocol related to DUI blood alcohol testing, analysis, preservation, or transport;
3. The officer who conducted the blood test was did not have the credentials or proper training in phlebotomy and DUI blood testing;
4. The blood sample was retested by your DUI defense attorney and found to be largely different that the blood test results processed at the crime lab;
5. Due to improper labeling the blood sample belonged to someone else;
6. The blood sample container was not properly sealed for transport; for processing;
7. The expiration date of the DUI or Drug testing kit used by police had expired.
8. The DUI or drug blood testing kit used by police had been exposed to prolonged extreme Arizona heat due to improper storage.
9. The police had their blood sample processed at a local hospital. Most busy hospitals and medical facilities designed for medical testing and treatment for sick or injured patients s are usually not required to follow strict protocol for processing of criminal or DUI blood testing evidence.
10. The officer who conducted the test or arrested you for Gilbert DUI, refused or failed to give you a blood sample for your Gilbert DUI defense attorney. This is a violation of your constitutional rights.
Criminal Defense Attorneys – DUI in Gilbert AZ
When you consult a Gilbert DUI attorney to defend DUI charges, ask them if they intend to retest the blood sample. Good Gilbert DUI lawyers do this on every DUI defense case involving DUI blood testing results. Be sure to inquire who will be responsible for the blood retesting fees at defense retesting. The charge for this service is currently between $250.00 and $350.00. Many AZ DUI lawyers will factor the fee into your total defense cost. Some DUI attorneys in AZ take care of this cost as a courtesy. But if your DUI lawyer requires you to pay the fee on top of defense costs, it is well worth it, to pay to have it retested. Many AZ DUI charges have been dismissed because the tests were challenged successfully by a DUI defense firm. The best Gilbert criminal defense attorneys in AZ understand the importance of examining all the aspects of the DUI blood test results. If they find weaknesses or flaws in the prosecution’s blood sample evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments, which may lead to a total dismissal of your Gilbert 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.