Aurora Criminal Defense LawyerIn Illinois, an individual is considered to be intoxicated by alcohol if he or she has a blood alcohol content (BAC) of 0.08 percent or greater. Breath tests like breathalyzers are just one way of measuring the amount of alcohol in a person’s system. Blood tests, or tests that directly test the amount of alcohol in someone’s blood, are also used in drunk driving cases. Blood tests are often considered more reliable than breath tests. However, many different issues can cause a blood test to be inaccurate.

If you or a loved one were charged with driving under the influence (DUI), it is important to remember that it may be possible to avoid conviction even with a failed blood alcohol test.

Three Major Problems with Blood Alcohol Tests

When police suspect that someone is driving under the influence of alcohol, they may ask the person to complete a field sobriety test or take a breathalyzer test with a handheld device. These tests may provide probable cause for a drunk driving arrest. Once the person is arrested and taken to the police station, they may be subjected to further testing, including a blood test. The blood test may also be given at a hospital.

Blood is drawn from the vein using a needle and sent to a laboratory for testing. The results are sent back to the police department for use in the DUI case. However, many different problems can arise that can invalidate the blood results, including:

  • A qualified individual did not conduct the blood draw.

  • The blood sample was not labeled correctly.

  • The blood sample was not stored correctly, causing fermentation or contamination.

  • The laboratory equipment used during the test was not maintained or calibrated correctly.

  • The laboratory equipment was defective.

  • There was a break in the chain of custody that presented the chance for the sample to be tampered with.

  • Inaccurate testing procedures, such as insufficient potassium oxalate, caused the blood to clot.

Getting Out of a DUI Because of an Inaccurate Blood Test

If you or a loved one were charged with DUI, do not panic. Being charged with a crime is not the same thing as being convicted of a crime. To be convicted or found guilty of a crime, the prosecution must prove your guilt “beyond a reasonable doubt.” Anything that casts doubt on your guilt may be used to acquit you of the charges successfully.

Contact an Aurora DUI Defense Lawyer

If you or a loved one were charged with driving under the influence, contact Naperville criminal defense attorney Patricia Magaña to get the legal support you need. Call 630-448-2001 for a free case assessment. Se Habla Español.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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