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DUI Defense: When BAC Test Results May Be Inaccurate (Part 1)

January 15, 2014

BAC test results are not always accurate, and a DUI defense lawyer like Christopher Griffin knows what to look for when assessing BAC tests’ possible inaccuracies.

The results of blood alcohol concentration (BAC) testing are often the linchpin in prosecutors’ cases when it comes to trying to prove that a driver accused of DUI was intoxicated at the time of his arrest. Although these test results may seem iron-clad, it’s important for defendants in DUI cases to know that:

BAC test results are not always accurate.
Proving that the test results were or could have been inaccurate can be crucial to helping get DUI charges reduced or even possibly dismissed altogether.

In the following and an upcoming second part of this blog, we will take a closer look at some of the specific factors that may contribute to inaccurate BAC test results and, as a result, that may be effective DUI defense arguments.

Factors That Can Affect BAC Blood Test Results

If you are stopped by a traffic cop, asked to submit to BAC testing and choose to have your blood drawn, some of the factors that may affect the reported blood alcohol concentration may include that:

The chain-of-custody of the blood samples was broken – When taking blood samples, police and others are required to follow very specific protocols to ensure that the samples are not contaminated at any point when the samples are drawn, stored and/or transported. If police or technicians handling the samples fail to follow these protocols and, consequently, “break” the chain-of-custody, then it is possible that the samples could have been contaminated and that the results of the BAC testing are, as a result, inaccurate.
The lab analyzing the sample made mistakes – Lab technicians analyzing blood test results can make mistakes, and these errors can result in inaccurate BACs being reported to prosecutors. In fact, just last year, there was a huge controversy regarding the fact that the Colorado Department of Public Health had reportedly made mistakes on thousands of DUI blood samples, causing more than 800 samples to be randomly retested.

Check out our upcoming Part 2 of this blog for information regarding how breath tests may report inaccurate BAC results.

Contact the Boulder and Denver Area DUI and Criminal Defense Lawyer at the Griffin Law Firm

Facing any type of criminal charges can be both scary and stressful, as a conviction could cost you your reputation, your career, your family and even your freedom. If you or your loved one has been arrested for and/or formally charged with DUI or with any crime, Christopher Griffin wants you to know that he is ready to immediately start providing you with the strongest possible defense against police and prosecutors – both outside and inside of the courtroom.

Regardless of whether you are facing criminal charges for the first time, have prior convictions and/or were on probation or parole at the time of the alleged crime, Christopher Griffin and all of the legal professionals at the Griffin Law Firm will work relentlessly to help you obtain the best possible outcome to your case. In fact, our steadfast dedication to the notion that the accused are innocent until proven guilty means that we will do everything in our power to help you resolve your case in the most favorable and efficient manner possible.

To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.