Can Blood Test Results Be Challenged in a DUI Case?

If you were pulled over for DUI and your blood test showed you were over the legal limit, you may still have options. Blood test results are not always reliable and must be obtained legally. A skilled Cumming DUI defense attorney at Banks, Stubbs & McFarland can help challenge your results.

When You Were Arrested

Challenges to blood tests often start with the arrest. A positive reading may be inadmissible if officers did not follow evidence-gathering rules.

A Reasonable Suspicion for Pulling You Over

To arrest you for DUI, officers needed a specific, articulable reason to pull you over. This means they must state why they believe a crime or violation occurred, rather than relying on a hunch. Examples include:

  • Erratic driving
  • Speeding
  • Difficulty staying in one lane
  • Failure to dim high beams
  • Failure to signal a turn
  • A headlight or taillight that is out

This list is not exhaustive. Reasonable suspicion also allows police to request field sobriety tests. You are not required to take these tests, and you are advised not to.

Probable Cause for Arrest

If the officer asks you to take a breathalyzer or a chemical test, they need probable cause for doing so. This refers to a fact that indicates impairment the officer can identify, such as the smell of alcohol or slurred speech.

At this point, you can be arrested, which triggers implied consent. Implied consent means that by exercising your driving privileges, you also imply your consent to have your blood tested for alcohol back at the station. Refusing at this juncture results in an automatic year-long driver’s license suspension and may lead to enhanced penalties in the long run.

You Are Entitled to Be Informed of Your Rights

The officers who arrest or detain you must inform you of your rights along the way. This includes your rights regarding all forms of testing as well as your right to remain silent and to an attorney. Failure to keep you apprised of your rights could cast doubt on the admissibility of your blood test.

The Blood Test Results

Blood tests are the most accurate for blood alcohol, but not perfect. Labs sometimes have testing issues. Experience, chain of custody, and many other factors can affect results. Some blood tests are ruled inadmissible because of these issues.

You Need an Experienced Cumming DUI Defense Lawyer in Your Corner

Our Cumming DUI defense attorneys at Banks, Stubbs & McFarland are ready to use our experience and insight for you. Learn more by filling out our online form or calling 770-887-1209 today.