Arizona Criminal Defense Attorney Blog
10 Ways AZ DUI Lawyers Defend Blood Alcohol Tests
In same DUI cases, blood alcohol test results can be challenged, and lead to a total dismissal of your Tempe DUI charges. If you were arrested for a Tempe DUI, based on your BAC results that factor alone does not mean you will be “convicted”. In fact, some Tempe DUI attorneys may actually use the blood testing evidence to defend your DUI charges, and ultimately get your DUI charges dismissed, .
Arizona DUI | Defending Blood Alcohol Content (BAC) Test Results
If you were charged with a DUI in Tempe AZ based upon your BAC levels from blood testing results, you should contact a Tempe DUI lawyer as soon as possible to discuss your defense options. In many cases, your DUI defense attorney can challenge the prosecution’s blood evidence. This may lead to suppression of that evidence and dismissal of your DUI charges.
Here are at least 10 ways your Tem0pe DUI lawyer might challenge your DUI blood test results:
1. Violations and errors in conducting of the blood test;
2. Police failed to follow required rules of DUI blood alcohol testing, analysis, preservation, or transport;
3. The police officer who drew the blood was not properly trained and certified in phlebotomy and DUI blood testing;
4. The sample of the blood you were given was tested by an independent lab, and largely differed from the blood test results taken by the police.
5. Improper labeling resulted in the blood sample resulted in someone else’s blood evidence;
6. The blood vial was not properly sealed for transport for processing;
7. The blood kit used by the police had an expired date.
8. The blood testing kit used by police was stored in the police officer’s vehicle and long term exposure to extreme heat temperatures in Arizona.
9. The police sent their blood sample somewhere else instead of the crime lab processing. Most busy hospitals and other medical treatment facilities are usually not required to follow strict protocol for the processing of criminal related evidence.
10. The arresting police officer refused or failed to give you a blood sample for your Tempe DUI defense attorney. This is a violation of your constitutional rights.
Criminal Defense – Tempe DUI
When you contact a prospective Tempe DUI attorney to defend DUI charges, ask the them, if they intend to retest the blood. Most of the best Tempe DUI lawyers do this on every defense case involving blood testing results. Also, ask the DUI attorney who will be responsible for the blood retesting fees at an independent crime testing lab. The charge for this service is currently between $250.00 and $350.00. A majority of AZ DUI attorneys will factor in this fee to your total defense cost. Some DUI attorneys in AZ will even pay this fee on our behalf as a courtesy. But if your DUI lawyer requires you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Tempe DUI lawyer, it is well worth the cost to pay to have the DUI blood sample retested. Many cases get dismissed because the tests were challenged successfully by a DUI defense attorney. The best Tempe criminal defense attorneys understand the importance of examining all the aspects of the blood test results. If weaknesses exist in the prosecution’s evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments that just may lead to dismissal of your Tempe 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.