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Blood-Alcohol Testing Isn’t Always as Reliable as it May Seem

Jeff Cole
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Partner at Zimmer, Duncan & Cole

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The changes to South Dakota’s “implied consent” laws don’t mean that blood-alcohol testing is a thing of the past, but suspected drunk drivers need to understand that the results of blood testing don’t always tell the whole truth. Although many people may believe that blood samples and laboratory equipment don’t lie, the truth is that there is a lot that can go wrong with a DUI-related blood sample—and it can mean that drivers are unfairly convicted of driving drunk.

Issues That Can Affect the Reliability of Blood-Alcohol Testing for a DUI

In many cases, poorly handled or inaccurate blood tests can still pose legal issues for the accused, but a skilled criminal defense attorney can help prove that there were issues that affected the reliability of the test results. These issues might include:

  • When the blood test was given
  • If the blood sample was taken by a qualified professional
  • How the sample passed through the chain of custody
  • How the sample was handled before arriving at the lab
  • The quality of the blood sample
  • How the lab performs tests on the sample
  • If lab errors affected the results of blood testing

Facing an unfair DUI charge isn’t easy, but working with an experienced attorney gives you the best chance to reduce the penalties you face and make the right decisions about your defense case. To get started today, reach out to our Sioux Falls office by phone, or fill out the contact form on this page with your questions for our legal team.


Category: Criminal Defense


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