QUESTION
Can blood work be challenged in court since I was told to have it re-examined by someone else to compare results?
Asked on Dec 18th, 2012 on DUI/DWI - California
More details to this question:
I recently got pulled over for my 4th DUI well actually I was in a parked car alongside the road. I refused breath test and did blood work.
12 ANSWERS
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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There are numerous ways that blood results can be challenged. Do you have an atty. that does this type of work and what state do you live in?
Answered on Jun 12th, 2013 at 12:31 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can have it tested at a lab of your choosing. Talk to a lawyer regarding this option and possible outcomes.
Answered on Jun 12th, 2013 at 12:29 AM
William C. Gosnell
Yes.
Answered on May 28th, 2013 at 1:56 AM
Michael J. Breczinski
Yes it may be challenged. Was the engine or vehicle on? There may be a defense depending on the facts.
Answered on Dec 23rd, 2012 at 7:54 PM
John J. Carney
Your lawyer can ask to have the blood tested , but the results will be the same. You should get a really good criminal lawyer since you are facing a prison term for a fourth DWI and you will probably never get your license back. Blood tests are very accurate and if it was over .16 you will be convicted of DWI, if it is under 08 you may bet an Impaired violation. It would be a lot easier and cheaper to take a taxi.
Answered on Dec 21st, 2012 at 2:35 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Anything can be challenged in court with the right attorney and the right expert testifying on your behalf. Whether or not you will succeed cannot be predicted.
Answered on Dec 20th, 2012 at 2:56 PM
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Yes it can be tested by an outside company for accuracy. That will take some time and money to do. Do you have an attorney?
Answered on Dec 20th, 2012 at 7:09 AM
Yes. You need to hire an expert criminalist to re-examine the blood. But first, you need a DUI specialist to subpoena the blood.
Answered on Dec 20th, 2012 at 6:52 AM
Gary Moore
It can be challenged, but you must act promptly to request that same of the blood be made available to the defense test lab and not destroyed.
Answered on Dec 19th, 2012 at 2:23 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I think your question answers itself. Someone advised to have the blood re-tested. It sounds like a good idea, If you have reason to believe that your actual blood alcohol level was below a legal limit. If you have good reason to think the first blood test was more or less accurate, you might want to save your money and make a deal.
Answered on Dec 19th, 2012 at 2:22 PM
Stanley Stephen Spring
Yes you can challenge it assuming there's enough sample to have it retested by an expert of your choosing and the result shows something different. You can also challenge the case on chain of custody of the evidence as well as other factors that might give you a successful motion to suppress the evidence.
Answered on Dec 19th, 2012 at 12:38 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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Yes, but you need to have it re-analyzed by an independent lab which will cost money. And you will then need to hire an expert to testify about the analysis and how it differs from the State's analysis, and what that means to your case.
Answered on Dec 19th, 2012 at 12:38 PM