I was involved in a single vehicle accident, lost control of the car and hit a tree. The officer that responded insisted that I was drunk, even though I told him that I was not, so I agreed to the blood test in the hospital. The officer that took my filled blood samples then sealed them in the box, looked up and said "I think I was supposed to put these labels on, Iโll just throw them in the other box." The results took an unusual amount of time to return, from 9/20 to 11/30, and the charging document says .011 grams of alcohol per 100ml of blood, but I have been charged with "DUI per se," so perhaps the charging documents are wrong and it was actually .11. If it did return at .11 and he wrote the form wrong, I was wondering what I can do to prove the blood isnโt mine or the results to be inaccurate? I have already contacted the hospitals I was taken to about getting my blood results from them, and was hoping that testing the lithium levels in the blood- consistent from both hospitals and potentially not in the blood that I donโt think is mine, would be enough to get the evidence dismissed. So my questions basically are: Is there a good way to show proof that itโs not my blood, should I order and independent toxicology, and does him not putting labels on the blood sample vials before them going to the lab have the potential to positively affect my case? Thank you.
Bottom line? Get a lawyer. You have a right to inspect and retest the evidence. If its not yours, you're home free. This will NOT be a do-it-yourself project though. You absolutely need a lawyer.
Your question and the fact situation are too complex for this forum, I would suggest that you engage an attorney and provide him all of the information to see whether or not you may have a defense.
It is one of the most susceptible tests to error that exists in measurement. You need a qualified DUI attorney to dig for all the information to reveal the error.
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