DUI Defense: Whose Blood is it Anyway?
Mistakes happen. Mistakes happen in criminal labs. The possibility that the blood sample drawn from your vein is not the same blood tested by the crime lab and ultimately utilized by the prosecution against you is a very real possibility. Mistakes in DUI prosecutions do happen.
It is imperative that your DUI Attorney check the chain of custody of the blood sample to make sure a mistake did not happen. Rarely will the State Attorney call the phlebotomist who took the actual sample to the stand. Oftentimes, the toxicologist who examined the blood sample at issue examined a batch of blood samples at the same time. The toxicologist called by the State Attorney will be unable to shed personal knowledge as to whether a blood sample mix up happened. Your DUI Defense Lawyer must make the Jury aware of this fact.
If you know that the blood sample results offered by the State Attorney’s office are inaccurate, your DUI lawyer can re-test the blood. If necessary, your DUI Attorney can order up a DNA test of the blood top determine if the blood is yours. Regardless, a DUI Attorney can establish to the Jury that mistakes happen, especially in criminal labs.
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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