Judge considering whether to deem blood test invalid

Judge considering whether to deem blood test invalid

On behalf of Aaron & Aaron, Attorneys at Law posted in Breath Test Refusal on Thursday, January 24, 2013.

People may think that failing a blood test will automatically result in a conviction. However, that may not always be the case. As is true with all drunk driving cases, certain procedures must be followed in order for evidence to be used in court.

Clemson residents may be interested to hear about a drunk driving case in another state in which defense attorneys are asking a judge to throw out a man's blood test because proper procedures were not followed.

This specific case is tragic. The accused and his wife were involved in an accident last January. The man was allegedly drunk when he crossed over the center line, crashing into another vehicle. The man sustained injuries in the crash. However, his wife died after the accident.

blood-alcohol test reportedly showed that the man was impaired. However, staff at the hospital where the blood test was done failed to put a preservative in the sample. A forensic pathologist says that certain preservatives must be put in blood samples in order to prevent fermentation. In addition, when the blood sample was handed over to authorities, the incorrect color cap was reportedly used.

People who are convicted of drunk driving charges may face harsh penalties. The man in this specific situation would likely face even more severe consequences if he is convicted. Despite the potential penalties, people facing drunk driving-related charges in South Carolina and beyond should not give up hope. In most instances, working with an attorney experienced in handling DUI cases is a wise choice.

Source: Post-Star, "Forensic pathologist aids defense in fatal crash case," Don Lehman, Jan. 21, 2013