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DUI Defense: Fermentation of Alcohol In Blood Sample

Fermentation in the blood sample is the DUI Lawyer’s big gun in attacking the reliability of a blood test. Alcohol can be produced in the blood vial on its own as a result of fermentation. The sugars found in the blood can react with microorganism that can cause the production of alcohol in your blood sample.

Unfortunately for the State Attorney, the gas chromatography and other advanced blood tests are unable to distinguish if the alcohol in the blood sample is from your blood sample or was produced later on. It is imperative for your Tampa Criminal Lawyer to make this point to the Jury in your defense.

In an attempt to reduce the possibility of fermentation, the blood vials usually include sodium fluoride or other preservatives. But these preservatives are not fail safe, and often times the blood test will include an inadequate amount of preservative in order to save money. A qualified criminal attorney will be aware of this fact.

A fermentation defense may still be appropriate if there is a proper amount of preservative in the blood vial if the sample has not been promptly and properly refrigerated.

If your blood sample was not properly cared for, then fermentation may have occurred resulting in an inaccurately high alcohol result. A DUI Lawyer may be able to successfully challenge the blood results in court through cross examination or the hiring of a forensic toxicologist expert to contest the results.

Contact a DUI Criminal Attorney at Denmon & Denmon Today

If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to an attorney.

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