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Flint, Michigan

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Can BAC blood tests be disputed in court?

Michigan DUI defense attorney

Challenging the blood test result can be one of the most difficult pieces of evidence a DUI defense attorney may encounter. If police decide to administer a blood test or any other chemical test, you are required to take it under Michigan's implied consent law.

If you refuse to take a blood or chemical test, you can lose your driver's license for one year and have six points added to your driver's license. In addition, the officer administering the test could apply for a warrant to administer a blood or chemical test in the future.

How accurate are blood tests for measuring alcohol concentration?

The results of a blood or chemical test can be disputed in court. However, only by an experienced DUI defense attorney, who understands the steps involved in chemical testing. This includes the limitations of the devices used.

For example, errors can be made during the blood drawing process. A false blood alcohol concentration (BAC) reading from a blood test can be made if the antiseptic solutions used to clean needles aren't properly cleaned or dried. One common solution used to clean needles is Betadine, which can take 30 seconds to dry on a needle. Blood may be drawn during a blood test before the solution has the chance to dry.

Blood samples may also not be properly refrigerated after being taken. One common mistake made at police stations is the lack of a witness to prove that blood samples are properly stored before being taken to a laboratory. So, the integrity of a blood sample can be compromised if the blood test isn't properly administered or stored.

In addition, the right amount of sodium fluoride must be present in order to preserve blood samples. Otherwise, fermentation can occur and result in an inaccurate BAC reading.

How can a Flint criminal defense attorney help me fight my DUI charges?

These are issues that your attorney may raise during trial. Your blood or chemical test might suggest that you are guilty of drunk driving. The lack of evidence regarding the reliability of these tests tell a different story.

That's why it's critical that you consult with an experienced DUI defense lawyer who understands these technical aspects of blood testing.

A DUI charge in Michigan can carry harsh consequences. You could face up to 93 days in jail and be fined $500 dollars for a first-time offense. In addition, you could face:

  • A 30-day suspension of your driver's license
  • Additional restrictions for up to 150 days
  • Six points added to your driver's license
  • A driver responsibility fee of $1,000
  • Up to 360 hours of community service

An attorney at Manley & Manley can help you fight these charges in the courtroom and avoid the potential consequences of a DUI conviction. To schedule your free case evaluation, contact us online.

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