Criminal Defense in Orange County

Evidence in Your DUI Case: Blood and Urine Tests

If you have been charged with DUI based on the results of a blood or urine test, your lawyer will want to do everything in his or her power to challenge the accuracy of the results. To do this, he or she will need to obtain all information relating to the testing. One key area to analyze is the methodology used for the test. Your Orange County criminal defense lawyer will want to review the specific procedures of the testing laboratory to determine whether it was faulty in any way.

Your lawyer will collect a portion of the blood or urine sample you gave, the lab technician's chart notes, the actual chromatograms from your test, and all information relating to controls used by the laboratory to ensure your results are reliable. Also, your attorney will request records reflecting the statistical accuracy of the methodology used, including proficiency tests and accuracy checks. This evidence may show that the test administered to you is too unreliable to be used against you or that your results arose from human error in the lab rather than actual intoxication.

Further, your attorney will investigate whether all the equipment used for your test was operating properly when your sample was analyzed. This entails obtaining maintenance records for the particular device used to measure your blood or urine sample. Typically, your lawyer will seek records for periods of several months immediately preceding and following the time your sample was analyzed. If there are any irregularities in the records, your lawyer may be able to argue that your test results are invalid and should not be used as evidence against you. Keeping the results out of your trial may require testimony from an expert witness in the area of blood and urine testing.

If you have been charged with DUI and need professional assistance, please contact The Law Office of Barney B. Gibbs for a free initial consultation.

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