Our Akron DUI Lawyers Aggressively Attack Blood Tests In DUI Cases
I consider a blood test to be one of the types of DUI tests that is most often incorrectly performed by the government. This is an advantage to you!
Typically, blood tests happen at hospitals under police supervision, but they can also be taken by EMTs and other professionals.
The purpose of the blood test is to determine whether or not your blood alcohol level is over the prohibited level, just like a breath or urine test.
We consider the important part of the blood test to be:
(1) How was the blood sample taken?
(2) Was an alcohol based rub used on the sample site?
(3) Was a sufficient amount of blood withdrawn?
(4) How was the sample labeled?
(5) How was the sample packaged?
(6) How was the sample stored?
(7) How was the sample transported?
(8) How was the sample tested?
(9) Who performed the test?
This is where our focus begins, because in order to be admissible in court the prosecutors and police must show that the test was performed in substantial compliance with the Ohio Administrative Code Section 3701-53. If the tests were not performed in substantial compliance the results are not admissible, meaning they do not come into court against you.
As former prosecutors we know how hard it is to demonstrate substantial compliance on a blood test – in fact it is very difficult to even produce the person who took the blood sample, let alone show that they did it in accordance with the law.
There are a number of other defenses that we use in defending people who have had a blood test taken from them; including but not limited to: (1) tests that were coerced, (2) blood tests not collected within 3 hours from the time of the alleged DUI, (3) lack of documentation for the test, (4) improper collection methods, (5) improper testing methods.
Call us today for a pressure-free, no obligation, consultation with one of our DUI Lawyers in Akron. Ask for me, Joe Patituce or my partner Megan Patituce. Call us at (330) 752-6706.