Defects with the BAC test can be possible defenses in a DUI case. Swabbing the area where blood is drawn with alcohol is a significant problem. The "two hour rule" is essentially a "bad test" special issue in that the problem with the blood test is that it is not conducted as required within two hours of having control of the motor vehicle.

Other issues that can arise are that tests have to be performed at approved health facilities. The appropriate form of blood test needs to be given (whole blood versus serum, for instance). An appropriate chain of custody of the evidence needs to be maintained by the Commonwealth.

There are a variety of issues to be aware of and consider raising in the context of BAC testing. Procedures do, on occasion, break down, creating holes in the Commonwealth's case that you may be able to use to your benefit. It does not happen often, but combined with a comprehensive analysis of every aspect of your case, you may be able to find a crack in the Commonwealth's case with an attorney's help.

To discuss whether you may have a defense to a DUI charge based on a bad BAC test or another defense, you should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, confidential, no-risk consultation to discuss your case.

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