You do have hope to win…if you get an experienced DUI defense attorney on your side.
There are many ways to overcome a blood or urine sample by keeping it out of evidence, which could lead to a dismissal or a plea deal you can live with. But the law is complex and it requires gathering facts you might not know are important to present the right arguments to the judge. Here are some of the main ones:
- The test may be unauthorized. If it’s not authorized, it’s not legal, and if it’s not legal, it has no place in the legal system.
- The test might require adherence to SLED regulations and testing at the state crime lab, depending on when you got arrested. Doing the test the wrong way or testing it at the wrong place can make it invalid.
- Medical records alone can’t convict you. Those are hearsay, which shouldn’t come into evidence to convict you, especially in a criminal case. In fact, allowing this type of hearsay is unconstitutional. But if you don’t know how to object, it will come into evidence and you can be convicted.
- Before the results come into court, the officer must prove a “chain of custody” to assure the court your sample didn’t get tampered with or contaminated. This means he can’t vouch for the test or result. At a minimum, the person who took the sample and the tester need to testify.
- Even if the results come in, your case is still about impairment regardless of your test result. A skilled DUI defense lawyer knows how to overcome a test result with evidence it doesn’t matter because you weren’t intoxicated, as shown by other evidence in the case.
Sound simple? So is flying into outer space, when all you see is the rocket fire and soar into the sky. The reason it seems simple is that the professionals handle all the details. If you’ve got a blood or urine DUI case, you need a professional to handle your details.
For other questions about DUI or DUAC cases, check out our free report on the subject. Feel free to email us with your questions so we can schedule a free meeting to start building your defense.