7.19.2012

Can a Las Vegas DUI Lawyer Contest Blood Results?

Written by: The Law Offices of Garrett T. Ogata

A qualified Las Vegas DUI lawyer, such as what you will find here at Law Offices of Garrett T. Ogata, will tell you that Nevada law does mandate strict regulations that must be followed by law enforcement and forensic analysts when determining the results of an evidentiary blood test.   It is possible that your case may be dismissed if your attorney is able to raise issues about the evidentiary tests that were taken.

Defenses Your Las Vegas DUI Lawyer May Explore

There are many possibilities for error with these tests; the right Las Vegas DUI lawyer will know which defense to explain with your particular case. This could include:

  • Testing equipment was not maintained properly, or it was faulty or broken.
  • The person who administered the test or technicians testing the blood were not certified properly.
  • The test was not taken within certain time after the arrest to determine if you were under the influence.
  • The blood samples may have been switched or lost.
  • Your BAC was not reflected accurately because of a rising blood alcohol level.
  • Blood was not stored properly.
  • The blood sample had contact with air causing contamination.
  • The blood draw was sterilized improperly, i.e. with alcohol solution.

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