DUI Defense attorneys have several strategies for defending DUI charges, depending on the specific circumstances surrounding each case.
There are many different stages of an arrest and/or DUI charge during which law enforcement or prosecutors can make mistakes. An experienced DUI defense attorney knows how to discover these mistakes and use them to create holes in a prosecutor’s case against a defendant.
One of the most crucial stages of a DUI case is the processing of blood alcohol tests. Because alcohol is metabolized rather quickly, often the only concrete evidence of intoxication that prosecutors have is the blood alcohol test results.
Blood alcohol levels can be tested via a breathalyzer test, usually at the scene of the stop prior to an arrest, or by taking a blood sample, usually at the station during the booking process. A breathalyzer requires the suspected drunk driver to blow into a device, and the device estimates the blood alcohol content by measuring the alcohol on a person’s breath.
These test results are not always accurate or reliable and devices can often malfunction.
A more accurate way to measure a person’s blood alcohol concentration is to take and analyze a blood sample. These samples are usually analyzed by forensic laboratories. There is usually a gap in time between the taking of a blood sample and its lab analysis, and a lot of things can go wrong during that time that can affect the results.
Some things that may go wrong include:
-Improper storage of the blood sample
-Contamination of the blood sample, especially with any chemical or product that contains ethyl alcohol
-Mislabeling a blood sample, resulting in testing the wrong sample
-Failing to properly preserve the blood sample with an anticoagulant
-Allowing an unauthorized or unqualified technician to handle the blood sample
-Allowing fermentation of additional alcohol in the sample due to substantial delay prior to testing
-Not recording test results in a timely fashion
The results of a blood alcohol test can make or break a prosecutor’s case. If there were errors in the processing of a blood sample, prosecutors usually have no other concrete evidence with which to pursue DUI charges.
For this reason, the experienced DUI legal team of Michael A. Fiumara and Justin O. Milligan will thoroughly investigate every step of the forensic lab testing process and will conduct their own analysis of the blood sample to ensure the accuracy of results.
If there is any flaw in the test process or results, we will certainly use that flaw to defend the DUI charges.
Contact Fiumara & Milligan Law, PC today at 707-571-8600 OR 415-492-4507 for your free consultation.
We Will Fight For Your Rights and Defend You Against Your DUI Charges!
