The Results of a Blood Alcohol Test Can Be Challenged in Court
If you have been arrested and booked on a DUI charge, you've probably had the experience of becoming progressively gloomier as the evidence piles up. First, you perform poorly on your field sobriety test (counting backward from 100, walking a straight line, etc.), then the “breathalyzer” test administered by the arresting officer reads over 0.08 percent, the legal level for drunk-driving in the state of Virginia. By the time you're taken back to police headquarters and administered a more accurate blood test—which also pegs your blood-alcohol level at more than 0.08 percent—you may be inclined to plead guilty right then and there.
That, however, would be a big mistake. It's important to realize that field sobriety and breathalyzer tests are not themselves indicative of DUI—they simply give the officer probable cause to take you to police HQ for a more accurate blood test. It's true that the results of a properly administered blood test can be damning evidence where DUI charges are concerned, but not all blood tests are administered properly, and not all lab technicians are properly trained in reading the results. In addition, it's not inconceivable that your blood sample may have been mixed up with that of another person, which is why the police have to account for the whereabouts of your vial at all times.
Any missing link in this chain of evidence can be all an experienced lawyer needs to have your DUI charge downgraded or dismissed. Questions? Call the law firm of Jarrell, Hicks & Waldman for a free consultation!