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How Improper Blood Testing Can Beat DUI Charges in Chicago
|Last Updated on: 1st October 2023, 10:08 am
How Improper Blood Testing Can Beat DUI Charges in Chicago
Getting charged with a DUI is scary. It can feel like the end of the world. But there are ways you can fight it in court. Improper blood testing is one of the best ways to beat a DUI charge in Chicago.
When the cops pull you over and make you do a breathalyzer, that test can be wrong. Breathalyzers aren’t perfect. Same with blood tests. If the blood test was done improperly, you can get the charges dropped. This article will explain how it works.
Breathalyzers Aren’t Foolproof
Breathalyzers seem scientific. But they make mistakes all the time. There’s many ways they can be inaccurate and give a false positive. Here’s some examples:
- You have diabetes or are on a low-carb diet – this can make your breathalyzer seem higher
- You burped or vomited recently – residual alcohol can stay in your mouth and throat
- You used mouthwash or breath spray – these can contain alcohol that registers
- The machine wasn’t calibrated right
- There was radio interference with the machine
As you can see, it’s pretty easy for a breathalyzer to be wrong. A good DUI lawyer will look at the machine used and if it was maintained and calibrated properly. If not, that’s reasonable doubt right there.
Blood Testing Has Lots of Room for Error
Blood tests are considered more accurate than breathalyzers. But they also have plenty of flaws. Here’s some ways a blood draw can be improper:
- The site wasn’t sterilized correctly
- The vial contained an improper preservative
- The blood wasn’t stored or transported correctly
- The lab made mistakes in the analysis
- The blood was drawn too long after driving
See, blood testing has many steps. And errors can happen at any point. As a defendant, all you need is reasonable doubt that the test was done right. Just one mistake like the vial or storage, and that can get your charges dismissed.
Police Need Probable Cause to Pull You Over
For any DUI stop to be legal, the cops need probable cause to pull you over. Probable cause means evidence that you seemed impaired or did something illegal. Like swerving, speeding, running a light, etc. If the cops pull you over for no reason, that’s an illegal stop.
An illegal stop means all the evidence – like the breathalyzer and blood draw – gets thrown out. No probable cause = no case. A good DUI attorney will look at the reports to see if there was actual probable cause. If not, it’s possible to get the charges dismissed.
Mistakes in the Police Report Can Help
After a DUI arrest, the officer has to write up a police report. This report goes over the reason for the stop, the field sobriety tests, and other evidence. But police reports can contain mistakes too:
- Get the time or location wrong
- Lie about how you performed on the sobriety tests
- Forget important details
- Make up things that didn’t happen
If the police report has errors, that looks really bad for the prosecution. It shows the cops are either incompetent or lying. A skilled DUI lawyer will go through the report with a fine tooth comb looking for any inconsistencies. Finding mistakes in the police report can create the reasonable doubt needed to beat the charges.
Fight the Stop Itself
In Illinois, DUI checkpoints and roadblocks have to follow strict rules. Like having a supervisor on site, warning signs, and criteria for which cars to stop. If the checkpoint doesn’t follow the right protocol, any evidence from it can get thrown out.
Your lawyer can also challenge if there was reasonable suspicion for the officer to pull you out of line at the checkpoint. Shoddy protocol and lack of suspicion are solid ways to attack the legality of a checkpoint stop.
Conclusion
As you can see, there’s lots of ways to challenge a DUI based on improper blood testing. Breathalyzers and blood draws seem scientific, but they can be wildly inaccurate. The legal system isn’t perfect – police make mistakes and so do labs. With an experienced DUI lawyer, you can find the flaws in the evidence. Getting charges dismissed takes time and effort, but it is possible. Don’t just plead guilty – fight back hard, because there’s always hope.
References
How To Beat A DUI In Illinois | Four Proven Methods! – Dohman Law Group. (2023, September 21). https://dohmanlaw.com/how-to-beat-a-dui-in-illinois/
Illinois Breathalyzer Law | Is it Possible to Fight a Failed BAC Test? – DUI Lawyer. (n.d.). Retrieved from https://www.dennisdwyerlaw.com/illinois-breathalyzer-law
How To Challenge A Blood Test For DUI In Illinois – Law Offices of Mitch Furman. (n.d.). Retrieved from https://www.chicagopremierattorney.com/dui/breath-blood-tests/challenging-the-blood-test
What You Need to Know About DUI Blood Tests in Illinois. (2023, January 13). Retrieved from https://napervilleduilawyer.com/dui-blood-tests-in-illinois/
Questioning the Validity of a Blood Test in an Illinois DUI Case. (2022, June 14). Retrieved from https://www.stephenbrundagelaw.com/dupage-criminal-attorney/questioning-the-validity-of-a-blood-test-in-an-illinois-dui-case
Illinois Breath Tests Aren’t Always Right – Ways to Fight Your DUI – – Azhari LLC. (2019, May 1). Retrieved from https://azharillc.com/illinois-breath-tests-arent-always-right-ways-to-fight-your-dui/