QUESTION

How is it to prove the DUI blood test is misleading?

Asked on Dec 11th, 2012 on DUI/DWI - Michigan
More details to this question:
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, Iโ€™ll 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 isnโ€™t 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 donโ€™t 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 itโ€™s 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.
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5 ANSWERS

Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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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.
Answered on Dec 17th, 2012 at 4:00 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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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.
Answered on Dec 14th, 2012 at 3:25 AM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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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.
Answered on Dec 13th, 2012 at 12:09 PM

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Hire a DUI specialist, that's the only way. And you better do it soon, because you have only 10 days to save your license.
Answered on Dec 13th, 2012 at 12:08 PM

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Michael J. Breczinski
If the report says .011 then the lawyer should be able to get the matter dismissed.
Answered on Dec 13th, 2012 at 12:07 PM

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