Considerations in DUI Cases Involving Blood or Urine Analysis
Prosecutors use either blood or urine samples obtained from you in an effort to prove you were driving under the influence of alcohol. Discovery is the process by which your DUI defense lawyer may obtain the evidence the prosecution will use against you, to provide you with the best possible defense.
Independent Blood or Urine Analysis
Initially, a portion of the sample, either blood or urine, must be made available to you by the prosecution. It is essential to have an independent laboratory analyze this sample (referred to as a "split").
Should the independent analysis of the split by the laboratory return the same results as the prosecution's analysis, you still have options.
How the Prosecution Handled Your Sample May Help Your Case
The prosecution's conclusion about your blood alcohol level may be challenged based on the manner in which the laboratory operates in general or how that laboratory handled your particular sample.
The first consideration is "chain of custody." Each individual who obtained or subsequently handled your sample must have complied with established protocol to ensure the sample was not contaminated.
This begins with the individual who either drew your blood or collected your urine.
Next, the analyst who actually conducted the tests on your sample must comply with the established controls of the laboratory and with the mandated procedures for the specific test in question.
Additionally, past records of how each individual and how the laboratory in general has complied with independent proficiency tests is relevant.
Learn How to Fight a DUI Charge.
Urine Screens & License Restoration
Interestingly, urine screens are also used in license restoration cases. For a successful license reinstatement, you must have a negative drug screen.
A consultation with an experienced drunk driving defense and driver's license restoration attorney will help you understand your rights.