Phoenix DUI Lawyer Blog

HOW TOP DUI ATTORNEYS USE BLOOD TEST RESULTS TO DEFEND DUI CHARGES IN ARIZONA

Arizona DUI Drug Charges and Arizona DUI Defense
Good Arizona DUI lawyers know what defenses to use given an individual set of DUI circumstances. The primary test for the existence drugs in a driver's system is blood testing. Urine testing is also used in some cases, depending on the circumstances. Even if the test results are positive for drugs or even at a high level, don't lose hope. High rated criminal defense attorneys and DUI lawyers know how to challenge this evidence. If there are flaws, violations in procedure or protocol of the testing, storage, transport or more, an effective Arizona DUI defense Attorney will know how to challenge it.
Below are just a few defense tactics used for DUI lawyers in Arizona This list is not all inclusive:

THE BLOOD OR URINE SAMPLE IMPROPERLY LABELED
Was your blood or urine sample properly labeled by authorized personnel?
If the sample did not have the correct labeling, then it can be challenged as to whether or not the sample is in fact yours, as well as other violations that may exist with regard to handling of the sample.

BLOOD DRAW ARM CLEANING
When the police or hospital worker prepare you arm for the blood draw did they use an approved non-alcoholic cleansing agent or was the sample tainted form an improper cleaning agent?
If not this evidence may be suppressed.

POLICE BLOOD TEST INACCURATE
Was blood testing protocol and procedures followed to draw, test, analysis, and preservation followed?
Many times the personnel conducting the blood test may fail to follow prescribed rules of testing, analysis, or preservation recommendations. Blood evidence can often be challenged, suppressed, in the event of any such deviation or violations of proper handling.

HOSPITAL BLOOD TEST INACCURATE
Did the hospital follow practices needed for a valid blood tests draw and results needed to arrest and convict a defendant?
Busy hospitals are not law enforcement agencies and do have to comply with policing authorities to prosecute DUI defendants. The medical guidelines and criteria adhered to by the hospital may be different than are needed to arrest and convict someone for DUI. Their medical protocol and procedures may be different from a medical standpoint to meet their own medical governing agency guidelines, not criminal authority guidelines. They are set-up for medical treatment and testing, not for arrests and crime convictions. This includes chain of custody, training to conduct blood draw on a person, and knowledge and experience of recognizing chemicals that would not taint the sample and cause an improper alcohol reading for conclusion used for DUI arrests and convictions.

PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

THE URINE SAMPLE COLLECTED WAS IMPROPERLY TESTED
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

DUI Defense Lawyers in Arizona
The first thing you should do after being arrested or charged with a DUI is call an experienced AZ DUI lawyer to discuss your charges and defense options. Knowing the defenses and utilizing them are very different. Make sure the DUI attorney you hire is well versed and examining all aspects surrounding blood and urine sample and can present compelling arguments on your behalf if flaws or weaknesses exist. Be sure when your blood is drawn or urine sample taken that you request a second sample be drawn for your defense attorney. Your Arizona defense attorney often has the blood retested by an independent lab to determine if the results are consistent with what the police obtained. And your Arizona DUI defense will also investigate the areas described above to determine if there are weaknesses or flaws that caused the prosecutions results to be inaccurate. If so, it may lead to the evidence being suppressed, charges reduced, or a complete dismissal of charges.