DUI Blood Tests
Serious consequences, including jail time, fines, and the loss of driving privileges, may accompany a drunk driving conviction in Georgia. The fact is, however, that not every person arrested for DUI is or should be found guilty. There are many possible defenses to a charge of driving under the influence. Constitutional violations, such as an illegal search and seizure or a failure to advise the defendant properly of his or her right to refuse a blood or breath test, are relatively common. Errors, inaccuracies, or irregularities in the drawing, testing, or storing of a defendant’s blood sample also may occur. Athens DUI lawyer Jason Slider at the law firm of Baker & Slider is experienced in this area of the law and is here to discuss your case with you confidentially.Defending DUI Cases Based on Irregularities in Blood Tests
Although a DUI conviction may be based on a defendant’s use of any intoxicating substance, most driving under the influence cases are based on the consumption of alcohol. In particular, the Georgia Code makes it a crime to drive when someone has a blood alcohol content (BAC) of 0.08% or more. A defendant’s estimated BAC may be based on a breathalyzer testo a blood test, or a combination of these. However, the results of such tests are not always reliable.
One of the factors to be considered in determining whether the results of a blood test administered as part of a DUI arrest are admissible in court is whether the the particular blood sample obtained from the defendant was lawfully seized. In order for the sample to be admissible, certain rules and procedures must have been followed. Additionally the blood draw (the collection of blood from the suspect) may affect the condition of the blood in question, as may the manner in which the sample was stored.
Even if the defendant’s blood was properly drawn and stored, there is still the possibility of having the results of the blood test excluded at trial if it can be proven that there were errors in the testing of the blood or that proper procedures were not followed by adequately trained personnel. Under Georgia law, the “fruit of a poisonous tree” is not admissible in court. This means that, if there were constitutional issues or other violations of the law with respect to the procedures followed during a blood test, the trial court must exclude the results of that test. Without the test results, it is much more difficult for the State to meet its burden of proving guilt beyond a reasonable doubt.
Not every criminal defense attorney understands the law with regard to blood tests, but experienced DUI attorney Jason Slider knows the strategies and arguments that the prosecution may use and how to challenge them. He has not only defended hundreds of DUI cases but also served as an attorney for the State while working as a prosecutor. He can thoroughly investigate your case to determine whether there may have been any improprieties in the blood testing process that may be used in your defense.Contact a Knowledgeable DUI Lawyer in Athens
If you are facing a DUI charge and have reason to suspect that the results of the blood test administered to you as part of your arrest yielded incorrect results, you should talk to a drunk driving lawyer about your case as soon as possible. Athens DUI attorney Jason Slider at Baker & Slider represents people in Athens, Jefferson, Watkinsville, Danielsville, and other communities in Clarke, Jackson, Madison, Oconee, and surrounding counties. For a free, confidential evaluation of your case, call us at (706) 208-1514 or contact us online to schedule an appointment today.