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Can I challenge the results of a blood test after a DUI?

In most situations, suspicion of driving under the influence is verified by a breath test. This often occurs back at the police station or detention center after you have been arrested.

However, there are times when a blood test may be deemed necessary. This might be true for circumstances where drug use is suspected, or when a person is unable to perform the breath test for medical reasons -- for example, if they are suffering from a decreased lung capacity.

If you have taken a blood test for a DUI in the state of South Carolina, and tested positive for drugs or measured over the legal limit for blood alcohol concentration, it is important that you understand where the law stands in regard to your right to defend yourself. It can be possible for errors to be made in any blood test, and there may be ways to challenge the charges that you face.

Why might the blood test be inaccurate?

There are many reasons why a blood test for alcohol or drugs might be inaccurate. These inaccuracies can lead to false positive results, and this is why it is important to challenge any result that you know to be false.

Errors in the collection or storage of the blood

When blood is collected incorrectly, it can mean that the sample of blood obtained is not representative of the blood in the human body. Therefore, it is common for false positive results to occur. In addition, the delaying of analyzation can lead to inaccurate results. If you believe that there was a delay in your blood being tested, you should consider raising this issue.

Failing to admit range of errors

All blood tests have a range of error, which means that the result can vary to a certain degree from the exact state of the blood without being considered inaccurate. It is important that labs admit this in their findings.

If you are convinced that there are inaccuracies in a blood test you conducted, it is vital that you stand up for your right to defend yourself.

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