Challenge the Chain of Custody When Challenged in a DUI Case

Challenge the Chain of Custody When Challenged in a DUI Case

Blood samples must be stored and transported according to specific protocols in order to avoid contamination that could impede test results. Failure to adhere to such measures could result in contamination that adversely affect test results.

Georgia Implied Consent Law requires you to submit to breath and blood tests; however, an experienced Atlanta DUI lawyer can often use legal strategies that dispute their accuracy, such as reviewing laboratory procedures for errors or violations of rights.

Improper Collection

DUI blood tests offer objective scientific measurements of an individual’s alcohol content and can provide vital evidence in court cases. To ensure accuracy, however, these tests must adhere to strict medical and legal protocols in their administration; failure to do so could produce invalid or invalidated results.

For example, if a blood sample is not properly sterilized before it is drawn or stored improperly after being taken, its alcohol could ferment and artificially inflate its BAC result. Furthermore, all aspects of its handling and storage must be documented accurately; any gaps or inconsistencies could erode its reliability and admissibility in court proceedings.

An experienced DUI attorney can investigate various issues that could undermine the reliability of blood test evidence and build an effective defense. A strong defense can result in reduced charges or dismissal altogether, helping minimize criminal and driver’s license penalties that might ensue from conviction.

Contamination

As part of the blood test process, it’s essential that samples are handled in such a way as to avoid contamination. If left sitting out for too long without being refrigerated or stored properly, fermentation could occur and artificially increase its BAC reading – this error often presents itself during DUI defense cases and must be challenged through litigation.

Your attorney will also evaluate the credentials of both the phlebotomist who took your blood sample and laboratory that performed its analysis, in order to uncover any lapses in protocol that might compromise its integrity. Cross-examination will reveal any discrepancies.

Your DUI attorney can use these issues to raise doubt about how dependable your results are, potentially weakening the prosecution’s case against you. A successful challenge to the chain of custody in an Atlanta DUI blood test may help avoid serious criminal and driver’s license penalties. For more information about how we can assist, contact our office for more information or book an initial consultation session with one of our seasoned Atlanta DUI lawyers.

Failure to Preserve

Blood test results play a vital role in DUI cases as they provide an accurate measure of an individual’s BAC or presence of drugs in their system. These tests must be handled according to strict legal and medical protocols in order to be admissible in court; any deviation can compromise accuracy and allow defense lawyers to challenge its credibility.

Example: If samples aren’t stored and refrigerated correctly within an acceptable timeframe, they could degrade and disrupt the chain of custody. Additional obstacles might include contamination, lab errors or outdated equipment.

After initially submitting to state administered tests, individuals have the right to request independent chemical analyses of their blood, breath or urine samples at a hospital or physician of their choosing. An experienced attorney may challenge the chain of custody in these instances by emphasizing that an adequate sample wasn’t collected.

Documentation Errors

Chain of custody is vitally important in order to collect evidence accurately and present it accurately in court. Any improper handling or transfer can render evidence inadmissible, so police officers must strictly follow procedures such as tagging, labeling and documenting samples in their care.

Disparate documentation processes can lead to gaps in the chain of custody that compromise its credibility, such as inadequate tagging and the absence of clear records about who has handled or stored samples or their locations. Such inaccuracies increase the risk of tampering or misuse and increase tampering and mishandling risk.

DUI defense attorneys could use insufficient documentation as leverage against blood test results, and any evidence obtained could be disregarded if law enforcement violated your constitutional rights during your traffic stop or arrest. A valid search warrant must first be secured prior to taking blood samples or conducting field sobriety tests; additionally, breathalyzer calibration and maintenance is critical in providing accurate BAC readings.