You were coming home from a late dinner out when a police officer pulled you over on Interstate 95. He stated you were swerving and asked if you had any drinks that night. You only had a few beers, but you were still asked to participate in field sobriety tests.
After you walked in a straight line, touched your finger to your nose, and recited the alphabet backwards, the officer believed you were intoxicated and drove you to the police station, where you had your blood taken. You were told a lab would measure your blood alcohol concentration (BAC), which could either help prove you were sober, or indict you for intoxication.
Possible Defenses for High BAC Levels
Unfortunately, your results came back as 0.10 g/dl, which is over the legal limit of 0.08 g/dl. You’re worried you’re headed for jail or a suspended license. Don’t lose all hope—you may have a possible defense:
- Blood collection. The manner in which the blood was collected could affect the integrity of the sample. In fact, studies show that errors associated with blood draws can result in a false positive analysis as high as 50 percent. Unfortunately, lab technicians responsible for drawing the samples don’t receive much training prior to working. This means someone who may not know what he is doing has a major role in the outcome of your future. If you are able to prove that the sample was taken incorrectly, you may be able to have the results disregarded.
- The flaw in blood testing. The hope when ordering this type of test is that the blood is in the same condition upon testing as it was when it was in the driver’s vein. The reality is, a lot can change from the time the blood is drawn into the syringe to when it arrives at the lab for testing. This means the result you receive likely isn’t correct.
The Easley Law Firm Wants to Help You
The legal team of the Easley Law Firm may be able to help you with your DUI situation. Contact us today to learn how.
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