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Denver Criminal Defense Lawyer / Denver Blood Test DUI Lawyer

Denver Blood Test DUI Lawyer

A positive BAC blood test result is not proof that you were driving drunk. 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 drunk. Reid DeChant at DeChant Law has helped countless clients beat DUI charges like yours.

How to Challenge a BAC Blood Test Result

There are strict 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:

  • Automatic suspension of your driver’s license for one year (increased from 9 months for a first DUI conviction)
  • Labeled as a “persistent drunk driver” even if this was your first DUI conviction
  • Mandatory installation of an ignition interlock device for one year
  • Required to carry SR-22 insurance for one year

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), it is highly advisable to simply take the blood test. It may be possible to challenge the results of the test at a later date. And there are plenty of ways that we can challenge said results. Denver blood test DUI lawyer Reid DeChant at DeChant Law is here to help. Call today at 720-634-6789 for a free case evaluation.