RI DUI Lawyer, Bloodtest defense

DUI bloodtest results can be challendged

Michael J. Zarrella, Esq

Law Office Address:

127 Dorrance Street

Providence Rhode island 02903

Cell: 401-523-5271

Office 401-490-6820

Fax: 401-490-3207

MJZarrella@gmail.com

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A failed DUI bloodtest does NOT always lead to a conviction.

Blood test results can be suppressed and challenged

Most DUI investigations involve the administering of a breath test by the police. In some cases, the police will request a blood test instead. This is usually done for one of two of the following reasons: either the driver had to be taken to the hopital for treatment or the police suspect the driver was using drugs rather than alcohol or as well as alcohol.

Defendants and some lawyers often mistakenly believe that if you fail a blood test in a DUI case, you have no chance of winning your DUI case. This is simply untrue. Blood test results are often very difficult to prove in court. The results can be excluded for manydifferent technical reasons. In addition, there are other challenges to the blood that may lead to the results not being admitted as evidence or becoming problematic for the State. Just because you have been arrested for a DUI and failed a blood test does not mean you will automatically get convicted.

 

The State must jump though many hoops to get a blood test admitted.

Common Blood test challenges:

  • Was the blood sample taken with an alcohol swab?
  • Was the blood taken by a registered nurse or phlebotomist?
  • Was the storage of the sample proper?
  • Was the chain of custody proper?
  • Were the results mailed to the defendant within 30 days?
  • Was the equipment correctly calibrated?
  • Was the test taken with the defendant's consent?
  • Was the test serum or whole blood for testing method used?

Remember, if you have been arrested and charged with any driving under the influence charge, call a top Rhode Island DUI lawyer such as Michael Zarrella. Many RI DUI/DWI cases have been fought and won based on the above mentioned mistakes in procedure or based on poor facts. Often a lawyer who focuses his practice on DUI and criminal defense will have the know how to win the case. Attorney Zarrella, knows how to win blood test cases. He knows that the prosecution has to jump though numerous legal obstacles to get the results admitted into evidence. Often his blood test cases are reduced to lesser charges because of the mistakes in the procedure used by the police, medical lab, hospital, or crime lab. If you want the best defense, call Attorney Michael J. Zarrella today.