Examining Chemical Tests
Your Orange County DUI lawyer needs to know everything about any blood alcohol tests you took. The prosecution relies heavily upon chemical evidence in proving its case so it’s important that tests were given correctly.
Many legal standards and rules are in place for gathering blood and urine samples. To be admissible, the tests must be conducted in compliance with proper procedures. Your test results may be thrown out if not administered with accurately calibrated and maintained equipment. The qualifications and experience of the officer giving the test also impact its accuracy.
Test samples of urine or blood must be gathered appropriately. Think about it: if an alcohol swab is used to sterilize the puncture site of a needle to draw blood, it may contaminate the sample. The result may be an erroneously high blood alcohol report. The authorities must also follow the right procedures when taking a urine sample. For instance, the chain of custody must be safeguarded and documented.
Testing the testers
After the samples are gathered they go to a lab for processing. Your Orange County DUI lawyer may check into the qualifications of the laboratory and its technicians. Were the facility and its technicians certified and trained in keeping with professional standards? Was equipment properly maintained and utilized?
Another factor that your attorney will explore is whether you refused to take the tests in the first place. Your refusal may impact your defense if the state suggests you wanted to withhold chemical evidence. At the same time, defendants may ask to consult their lawyer first, a good faith reason to delay testing, which is not the same as refusing to be tested.
Your Orange County DUI lawyer will investigate whether chemical tests were appropriate and valid. If you did not take them, your counsel will prepare you to answer questions about your refusal. Either way, you need an experienced legal pro on your side for the most favorable outcome. Call Coffey & Coffey for a free consultation at (800) 706-7888.