Using Independent BAC Testing as Evidence in a DUI Case
When someone is arrested and they want to challenge the result of a breath, blood, or urine test, they need to get an independent analysis test immediately upon release from jail.
Blood and urine tests are administered by law enforcement officials, police officers, or technicians at the police station. If there is an accident and a mandatory chemical test is needed, that is sometimes done at the hospital and is often a blood test. Contact an experienced criminal attorney if you are interested in learning more about using independent BAC testing as evidence in a DUI case.
Likelihood of Independent Testing in DUI Cases
Using independent BAC testing as evidence in a DUI case is a relatively rare circumstance because it is so difficult to get the test administered close enough in time to the act alleged when the person was driving while under the influence to make that test worthwhile.
Re-testing or getting a portion of samples that are used for testing independently can be done. However, that must also be done quickly before the sample is used up. With respect to blood testing, it is probably easier than the urine testing.
What Are the Associated Issues with Independent Testing?
The problem with any testing is that as a person’s body condition changes which can make results more difficult to prove. However, it is difficult to get access to the results of blood and urine samples before the litigation.
Using Experts to Testify About Independent Testing
The results of independent BAC testing can be used as evidence in court when an expert conducted and interpreted the testing, and determined the results are relevant and reliable.
An expert can explain the benefits ofUsing independent BAC testing as evidence in a DUI case. However, any person brought in to testify at a DUI trial about any chemical testing must have the necessary educational background, psychological background, scientific background, and previously testified to be qualified as an expert.
Understanding the DUI Discovery Process
Discovery in DUI cases requires the government to provide reports, notice of experts, notice of prior convictions, and statements the person is alleged to have made. It is from this information that an attorney can determine whether using independent BAC testing as evidence in a DUI case can be beneficial for the outcome.
Before a case can begin, the government must provide a large amount of information to the defense. Any reciprocal discovery must be provided by the defense. Initial discovery is generally provided on the first court date when the defense makes an initial discovery request.
How An Attorney Obtains Evidence for a DUI Case
When preparing the defense of a DUI case, the lawyer must do a full investigation of the facts of the case. The lawyer examines the scene, the vehicle involved, and talks to an expert about potentially using independent BAC testing as evidence in a DUI case.
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