DUI blood tests are not always accurate or conducted within the regulations of Nevada law.  In many cases, an experienced attorney can poke holes in the prosecution’s strategy with a solid DUI blood test defense strategy.  A few of the most common DUI defenses used in Nevada include, but are not limited to the following:

• Lack of Warrant – Suppose you decline a blood test, but the police use force to obtain blood samples (without a warrant). In that case, the results of your blood draw may be inadmissible in court.

• Mistakes Handling The Samples – Sometimes, the medical professional mishandles blood samples. Common examples of mishandled blood samples include cross-contamination, neglecting to store the sample at appropriate temperatures, or otherwise improper sample storage.

• Broken Chain of Custody – Occurs when an unauthorized or unknown party handles the blood sample.  Blood samples that end up in the wrong hands can lead to cross-contamination, sample switching, or worse.

• Broken Equipment – Blood samples tested with broken, unmaintained, or otherwise malfunctioning equipment can lead to inaccurate results.  A detail-oriented attorney will investigate possible signs of broken equipment and raise the appropriate DUI defenses.

• Rising Blood Alcohol – A person is guilty of DUI in Nevada if they operate a motor vehicle with a BAC level above 0.08%.  However, if a DUI blood test isn’t administered in a timely fashion, it could provide inaccurate results based on intoxication levels 1 – 2 hours post-arrest, instead of your BAC at the time you were operating a vehicle. Mounting a “rising blood alcohol” DUI blood test defense can be complicated, especially without the help of an experienced attorney.

• Improperly Sterilized Blood Draw Site – Sometimes, the phlebotomist or medical professional drawing blood samples uses an alcohol-based sterilization product on the draw site. In that case, the blood test results could inaccurately produce high BAC test results.

• Police Error – Procedural mistakes made by law enforcement could lead to reduced or dismissed DUI charges in Nevada.  Common DUI defenses citing police errors include neglecting to observe the defendant before administering the blood test, not mirandizing a defendant, and countless other errors.

• Fermented Blood – In rare cases, collected blood samples ferment before they can be tested.  Fermentation can lead to the blood sample producing additional alcohol to the original sample.  Fermented blood is more likely to occur in cases involving understaffed blood testing facilities or those with a significant backlog.

• Unqualified Test Administrator – The person conducting the DUI blood draw must meet Nevada standards and qualifications for drawing blood samples.  That means that an uncertified laboratory technician (even if their certification recently lapsed) could lead to dropped or dismissed charges.

• Medical Conditions – Certain medical conditions or treatments for medical conditions can result in blood test results that mimic the effects of high BAC levels.  In some cases, proving inaccurate blood draw results based on medical conditions requires an expert witness and concrete evidence of the existing condition.

• Illegal Police Stop – Nevada law enforcement officials are not allowed to stop cars at random.  They must have a legal reason for the initial stop.  Otherwise, the evidence they collect through observation and DUI chemical tests may be inadmissible in court or at least encourage the prosecutor to offer a favorable plea deal to the defense.

The DUI blood test defense strategies mentioned above are just the tip of the iceberg. Depending upon the circumstances, there are countless other DUI defenses an experienced lawyer can make on your behalf.  If your DUI blood test defense lawyer can show even the slightest proof of weak evidence, the prosecution is more likely to agree to reduced or dismissed charges without going to trial.