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Blood Test Results | Chicago DUI Lawyer

Blood test results that indicate you were over the legal limit don't mean automatic conviction. Don't give up just because you "fail" the test. Get skilled legal help for a winning Chicago Blood Test Results Defense. An able Illinois Blood Test Attorney like Michael P. Schmiege could challenge your test results and help you avoid a DUI conviction.
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Blood Test Results

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Chicago Blood Test Results Defense

Blood test results that indicate you were over the legal limit don't mean automatic conviction. Don't give up just because you "fail" the test. Get skilled legal help for a winning Chicago Blood Test Results Defense. An able Illinois Blood Test Attorney like Michael P. Schmiege could challenge your test results and help you avoid a DUI conviction.

Contact Cook County DUI Defense Lawyer Michael Schmiege when You need a Strong and Effective Defense against Blood Test Results in Your DUI Case

You could benefit from the dedicated help of skilled Cook County DUI Defense Lawyer Michael Schmiege to minimize the effects of a "failing" blood test result on your life. Blood testing procedures and results aren't foolproof. Sometimes they're just plain wrong. You shouldn't lose your license or go to jail based on inaccurate or misleading blood test results.

When you're facing a DUI charge backed by blood test results, it's critical that you have strong representation from an effective and concerned Illinois Blood Test Attorney who can protect your rights in the face of blood evidence. Chicago Blood Test Results Defense Attorney Michael P. Schmiege has the successful track record, in-depth legal knowledge, and practical experience with DUI charges and blood test results to provide the help you need.

Contact Illinois Blood Test Attorney Michael P. Schmiege today for a FREE, no obligation legal consultation to start building your solid defense and strong challenges to your blood test results. You can get in touch with Cook County DUI Defense Lawyer Michael Schmiege by phone or online to begin your FREE legal consultation today.

Illinois Blood Test Attorney on Challenging Your Blood Test Results in a DUI Case

There are several steps your Chicago Blood Test Results Defense Attorney could take in the effort to challenge the validity of your test results.

Learn what type of blood draw and what type of blood test were performed. Blood draws (DUI kits) can be taken with the suspect's consent under 625 ILCS 5/11-501.2 or in emergency (such as in an injury accident) under 625 ILCS 5/11-501-4. Each type of blood draw has its own specific procedures and rules that must be followed in order for the results to be admissible against you in court. Your Cook County DUI Defense Lawyer's investigation of your case could lead to discoveries that would make your test results inadmissible in court.

Chicago Blood Test Results Defense Lawyer on the Critical Importance of the Chain of Custody of Your Blood Evidence

  • With consent blood draw, or DUI kit, only licensed physicians, trained phlebotomists, registered nurses, or certified paramedics may draw the blood. The officer must remain present during the blood draw to authenticate the sample.
     
  • The vials of blood should then be properly labeled and the DUI kit sealed with the officer still present. The officer and the medical professional should both initial the tape sealing the container of blood samples.
     
  • Before the blood goes through DUI testing, to establish chain of custody a police forensic scientist should photograph the DUI kit in its container as well as each of the vials of blood.
     
  • If at your trial, the prosecution can't provide sufficient testimony to identify the blood sample evidence, your Illinois Blood Test Attorney could challenge the integrity of the blood evidence's chain of custody. Your Chicago Blood Test Results Defense could argue that the prosecution failed to meet its burden of demonstrating that reasonable measures were taken to protect the evidence from being altered or tampered with.
     
  • Your Illinois Blood Test Attorney should also look for evidence regarding handling of the evidence. Blood samples should be kept in a cool place within a certain temperature range and not for long periods in the trunk of the officer's patrol car for instance. If the prosecution can't demonstrate safe handling of the evidence with sufficient testimony, your Cook County DUI Defense Lawyer could argue that the blood draw samples were damaged and the test results unreliable.

Cook County DUI Defense Lawyer with some Specific Bases for Challenging Emergency Blood Draw Test Results

A blood draw taken from you on an emergency basis after an injury accident could be admissible against you in your DUI trial under the business records exception of the hearsay rule. But only if it was properly done. The emergency blood draw must be taken in a hospital emergency room in the regular course of emergency medical treatment. It can't have been taken at the request of law enforcement officers. The blood sample should be tested in the lab regularly used by the hospital.

Your Illinois Blood Test Attorney should check the hospital medical records regarding your injuries and diagnosis in order to discover what treatment you received and whether it qualified as necessary emergency medical treatment.

Illinois Blood Test Attorney on the Difference Between Blood Serum Test Results and Whole Blood Test Results

A serum test result will contain a higher concentration of alcohol than a whole blood result. To use a serum test result in court, the prosecution should use a divisor of 1.18 to convert the serum test result back to a whole blood test result. The prosecution might ask the court to take "judicial notice" of the conversion (accept the result) in order to avoid having a qualified expert witness to testify about the conversion report. In that event, your Cook County DUI Defense Lawyer has the opportunity to object and conduct cross-examination on the conversion of the test results from serum to whole blood results and on medical and other conditions that could affect a person's specific conversion factor.

Chicago Blood Test Results Defense and Attacking Your Blood Test Results A knowledgeable, experienced Cook County DUI Defense Lawyer like Michael P. Schmiege could attack your blood test result for several reasons:

 

  • If there was a failure to establish, record, and safeguard the chain of custody, your blood test results will be inadmissible in court.
     
  • If the blood draw was not properly conducted, this could make your test results inaccurate or inadmissible.
     
  • Your use of substances that contain forms of alcohol (such as nail polish, paints, lacquers, asthma inhalant, and cough drops) could interfere with the test and make your results inaccurate.
     
  • If your blood test by the police failed to follow proper rules for testing, analysis, or preservation, your results could be inaccurate.
     
  • Hospital blood tests often estimate a person's blood alcohol concentration by as much as 25% and are not reliable when used on seriously injured people.
     
  • The use of lactate ringers by hospital personnel will falsely elevate your hospital blood serum results.
     
  • Prosecutors cannot use your statements against you if the arresting officer failed to issue you Miranda warnings.
  • If the arresting officer has a prior disciplinary record, your attorney could use that record to attack his or her credibility. 

The bottom line is that, whatever the arresting officer and the prosecutor would like everyone to believe, blood testing can provide misleading or inaccurate results. Interfering substances, chain of custody problems, and improper testing procedures can all lead to false blood test results. And a good attorney could help you build a strong and effective Chicago Blood Test Results Defense in the face of blood evidence.

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