Challenging the Blood Test

Challenging the Blood Test

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There are two types of tests that may be administered after a DUI arrest: a breath test or blood test. A blood test is the more accurate of the two but has various faults that may be exposed by an experienced attorney. This is just one of many reasons to immediately involve a lawyer if you or someone you know has been arrested for driving under the influence.

A blood test may be administered to determine a driver's blood alcohol concentration or the presence of drugs after a DUI arrest. It involves taking a sample of the driver's blood and then testing this to determine whether his or her blood alcohol concentration (BAC) is .08% or greater, which is illegal under Illinois law. The test may also determine the presence and level of drugs in the driver's system, if any.

"Failed" Blood Tests

Many drivers may assume that their options are limited or nonexistent if they submitted to a blood test and were subsequently charged with DUI due to an allegedly unlawful blood alcohol level. Although the government has blood test evidence to use against you, this does not mean that you should necessarily be convicted of driving under the influence. There are different ways that your defense attorney may be able to challenge the blood test:

  • The officer who administered the blood test was not properly trained or qualified
  • The test was administered improperly
  • The sample was not properly preserved with anticoagulants or preservatives
  • The sample was analyzed improperly

Your criminal defense lawyer may conduct an independent analysis of the blood test to see if it was properly taken or may review police reports or even cross-examine the individual that took the test to determine if procedure was violated in any way.

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