Halloween DUI and the Dreaded Blood Test

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Halloween is a great time to get together with friends and have fun. Since Halloween is on a Saturday this year, there are sure to be a number of late-night parties with plenty of alcohol to go around. If you plan on drinking with your friends at a Halloween gathering, remember how important it is to stay off the roads! Not only will DUI enforcement will be on the lookout for drunk drivers, but choosing not to drive will also help you and others stay safe.

If you were to be pulled over by an officer on suspicion of DUI, however, would you know what to do? The officer may ask you to step out of your vehicle to perform a field sobriety test, and then possibly move on to a breath, urine, or blood test. You might be covered in fake Halloween blood, but the thought of having blood drawn for real, and the threat of serious drunk driving penalties, can be downright scary!

DUI Blood Tests: Are They Accurate?

Blood tests are just one of a few different tests that can be performed to check for evidence of DUI. They also have a reputation for being easy to compromise, which makes them rather unreliable indicators that a crime has been committed.

A host of things could skew the results of a blood test, including:

  • Contamination of sample from alcohol swab
  • Errors in chain of custody
  • Improper pipetting
  • Adding the wrong amount of anticoagulants and preservatives to the sample
  • Improper agitation of the sample
  • Improperly sealed sample vials
  • Lack of sterilization of vial or other equipment
  • Lack of maintenance, repair, and calibration of equipment
  • Lack of refrigeration of sample

With such a long list of things that can (and many times do) go wrong with blood tests, it is no surprise that many blood test results can give an inaccurate measurement of blood alcohol concentration (BAC). Even if your BAC is beneath the legal limit of .08, evidence from a mishandled blood test could still be used against you without the help of an experienced Ventura DUI defense lawyer who knows how to challenge the results.

With your driving privileges and freedom at stake, it is urgent that you get in touch with a Ventura DUI defense attorney at Lessem, Newstat & Tooson, LLP. We have over 50 years of combined experience in legal defense and a history of excellent results. Our team knows the best ways to challenge the accuracy of blood tests, which could get the questionable results dismissed. Depending on the circumstances of your case, we may be able to help you avoid jail time, preserve your driving privileges, or possibly have your charges reduced or dropped. Time is of the essence in DUI cases, so do not wait to contact us as soon as possible after a DUI arrest. We proudly serve clients throughout Southern California.

Need a DUI lawyer? Call our office at (805) 727-4627 for a free consultation. We are available 24/7 to take your call – even Halloween night!

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