Denver Blood Test DUI Lawyer

A positive blood test result is not proof that you were driving impaired. It is evidence, at best. A qualified Denver blood test DUI lawyer can help you challenge the results and cast doubt on the officer’s claim that you were driving impaired. DeChant Law has helped countless clients beat DUI charges like yours.  For us this is every day, but we understand for you, this may be the first time. We are here to help walk you through the process, together.

How to Challenge a Blood Test Result

There are various requirements for checking a driver’s BAC via a blood test. These include:

• Administering the test within two hours of the traffic stop
• The blood must be taken by a medical professional (not a police officer)
• The blood must be taken in the presence of a law enforcement officer
• The equipment must be sterilized
• Testing of the blood sample must be done at a state-certified laboratory
• The sample must be kept at the proper temperature
• Only certain preservatives can be used to keep the blood fresh
• The blood sample must be sent to the testing location within seven days of collection
• Positive blood samples must be retested with a different chemical
• Part of the original blood sample must be preserved for 12 months for retesting

As such, a problem with any of the above can be used as evidence to challenge the validity of the test. Other ways that the DUI can be challenged include:

• No reasonable cause to conduct the traffic stop in the first place
• The officer did not offer a choice of testing
• There is video evidence of your sobriety that challenges the test result
• Your blood was not drawn within two hours of the traffic stop
• Your BAC was rising while you were driving, but was not at the illegal threshold (0.08) until the test was performed

Refusal to Take Blood Test

Unless you are arrested, you do not have to take a blood test, breath test, or field sobriety test as long as you are 21 years of age or older. However, drivers who are arrested must submit to a blood test or breath test. Refusal to do so has serious consequences. For starters, refusal to take a blood or breath test can be used as evidence of guilt/being drunk if your case goes to trial. Other increased penalties include:

• Increased suspension of your driver’s license
• Labeled as a “persistent drunk driver” even if this was your first DUI conviction
• Mandatory installation of an ignition interlock device for two years
• Required to carry SR-22 insurance for three years

Call a Denver Blood Test DUI Lawyer

If an officer has reason to believe that you are intoxicated or high (they saw you swerving earlier, smelled alcohol on your breath, you were slurring your words, or they see an open container in your vehicle) and requested you submit to a blood test, it may be possible to challenge the results of the test. Denver blood test DUI lawyer Reid DeChant at DeChant Law is here to help. Everyone makes mistakes. Don’t let your mistake define you, call DeChant Law at 303-409-7500 for a free case evaluation.