Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI Defense Strategies: Errors of DUI Investigation »
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- In this article we have described few probable errors of DUI Investigation such as Blood Test Errors, errors in Probable Cause Arguments,Procedural and Administrative Errors.
Blood Test Errors
Blood tests are generally more accurate. The reasons of errors in blood test are flaws of their own.
Below we have given a list of these errors:
• Test is not administered properly.
• The test is contaminated, such as by swabbing the skin with alcohol.
• The time between the sample drawn and its analysis the alcohol may be formed in the sample by fermentation.
• There could be a mix up in samples that have resulted in a wrong blood sample being analyzed.
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DUI Defense Strategies: Field Sobriety Testing Errors »
Most of the times there are several errors in field sobriety test. A person should be lucky enough to pass a field sobriety test because it is a rare case that roadside sobriety test is done correctly.
Inaccuracies of Field Sobriety Tests
Many times, tests will be administered by the police at the site of the traffic stop in order to determine a suspect’s sobriety. The results and interpretation of these are subjective to say the least.
Moreover, you never know that how you would perform under different circumstances even though you are not drunk, these “results” will mean little in a court of law.
A certificate should be given to an experienced DUI trial lawyer as an instructor in Field Sobriety Testing, and he should have the ability to effectively point out the high level of subjectivity associated with these tests through cross examination.
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