Michigan Blood Test Defenses

There are two potential chemical tests that a law enforcement agent may use to determine a driver’s blood alcohol concentration (BAC): a blood test or a breath test. While a breath test is the most commonly used, blood tests are sometimes given.

The legal limit in the State of Michigan is .08 percent for drivers over the age of 21. If you have recently taken, and failed, a blood test, you shouldn’t give up hope. A blood test is not fail-proof – there are many common problems that can lead to inaccurate test result. It is important to hire an attorney who is experienced in DUI law and knows Michigan blood test defenses.

Blood tests are typically administered in a medical or clinical setting. There are very specific guidelines that must be followed to ensure that the results are not inaccurate. Below are a few of the common blood test defenses that may be used if the proper guidelines are not followed.

If the level of sodium fluoride preservatives in the blood sample vial is insufficient, it can affect the integrity of the test results. Most law enforcement agencies choose to buy vials that have already been prepared rather than preparing the vials themselves. These prepared vials should be vacuum sealed, contain the correct type and amount of chemicals, and should not be past the expiration date. If these criteria are not met, the BAC results may be wrong.

It is important that there is not an excessive delay between the time your blood is drawn and the blood analysis. If your blood sample is not properly spun and frozen, it will begin to deteriorate after 48 hours and will be completely unusable after 14 days. This is due to fermentation. Just as grapes ferment into wine, a blood sample can begin to naturally ferment, making the BAC results higher then it was at the time when the blood was drawn.

If the blood sample was stored or transported improperly, this can also affect the test results.

Contamination of the blood sample can also lead to an increased alcohol reading. Some of the swabs that can be used to clean your skin contain alcohol. If this type of swab was used on your arm before your blood was drawn, it may affect your alcohol test results.

To discuss the possible Michigan blood test defenses, contact the attorneys at the Law Offices of Patrick T. Barone today. This firm is known throughout the State of Michigan for their experience, knowledge, and for winning cases.

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