In addition to field-sobriety, urine, and breath tests, blood testing is performed during a DUI investigation. As with any laboratory procedure, there are several things that could go wrong during the process. DUI blood test errors could lead to a false charge that could have a severely detrimental impact on your life. If you believe that you’ve been wrongfully charged because of DUI blood test errors, a Lerner and Rowe Law Group DUI attorney can help you.
For now, it’s important to be familiar with DUI blood test errors that could lead to a false-positive result. The following are some ways that testing could go wrong.
Mistakes with Blood Sample Collection
The first step of a DUI blood test, drawing blood, is often the most problematic. The Arizona Department of Health Services does not require phlebotomists to be certified. An unqualified or inexperienced phlebotomists may draw blood incorrectly, contaminating the samples. Some technicians may not be familiar with the differences in drawing blood from elderly, adult, and underage drivers. Drawing a blood sample incompetently is the easiest way to get a DUI false positive.
Even something as simple as using a disinfecting alcohol wipe prior to drawing blood could contaminate a sample. If the phlebotomist is too liberal with a wipe, the excess alcohol could seep into the sample and increase its blood-alcohol concentration (BAC). Being overly generous with an alcohol swab seems like a small thing, but it could have a huge impact on the results of a DUI blood test.
Mishandling of Blood Samples
Blood samples must be handled with care if they are to be used as evidence. If samples are transported and stored negligently then they could produce false-positive or incorrect results. Most samples are stored in a vacuum-sealed container, which has an expiration date. If a technician is careless with the seal or uses a container that’s past its expiration date then contamination may occur.
For example, a manufacturer of a widely used vacutainer recently issued a recall for some of its vacutainers provided to local law enforcement agencies. The defect concerned some of the vacutainers not having a necessary preservative in the tube, the absence of which could result in sample contamination. A visual inspection of the tube would need to be done to ensure the preservative was present. Issues like these are the reason you need a knowledgeable DUI attorney to investigate your case.
Moreover, DUI blood test errors during handling may introduce the sample to elements that lead to fermentation. This can lead to a BAC level in the sample that’s higher than the one of the accused. Additionally, mishandling can lead to different levels of sodium fluoride and/or potassium oxalate in the sample. The wrong amount of either or both can also lead to inaccurate BAC readings.
Errors in Sample Storage
Temperature fluctuations can alter blood samples to the point where they’re inaccurate. Ideally, samples stay within a reasonable temperature range going from the alleged crime scene to the laboratory to storage. Whether it’s due to carelessness or extreme weather conditions, drastic swings in temperature can lead to DUI blood test errors.
Faulty Analysis
DUI blood test errors sometimes happen at the lab. Lab technicians normally process hundreds of samples per day. Techs that are overworked, inexperienced, or unqualified may make a mistake with your blood sample. Furthermore, equipment used to analyze blood may be faulty or improperly maintained. Incompetent techs and malfunctioning equipment could result in a false-positive or inaacurate result.
Contact a DUI Attorney
There’s a perception that DUI blood tests are close to infallible. While they’re arguably more useful and accurate than field-sobriety and breath tests, there are still many things that could go wrong with them. DUI blood test errors can lead to a false or improper DUI charge that will have a detrimental impact on your life. Don’t let a test mistake lower the quality of your life. Contact a Lerner and Rowe Law Group DUI attorney today!
If you believe that you’ve been falsely charged because of DUI blood test errors then contact Lerner and Rowe Law Group immediately. Our Phoenix and Tucson teams are ready to help you 24 hours a day, 7 days a week. You can contact us by phone at 602-667-7777 or online using our convenient LiveChat and form features.