Many people think that if the police took a blood test that test came back positive for any drugs or over the BAC limit, they will automatically be convicted of a DUI. This is simply not true.
A DUI blood test is a piece of paper with a result. In reality, it is an opinion. Just like all opinions, it is subject to scrutiny. The government still has to prove that the reading is valid and reliable. They have to prove that the blood sample was handled properly. They have to prove that the equipment was working properly. They have to prove that the technician followed the validated procedures exactly. They have to prove that the proper calibration was used. There is a lot that goes into it.
They have to prove all of that and more IF your attorney asks the right questions.
Because if your attorney does not challenge the result and simply accepts it, it makes your case very difficult to win.
And really the only way to challenge the DUI blood test is to know the science behind the test and the procedures and protocols which need to be followed. This takes a lot of study and specialization. This is what we pride ourselves on at The McShane Firm.
If you want to FIGHT your DUI charge then call 1-866-MCSHANE now for a free case consultation.
The McShane Firm- The Science Attorneys
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Peter J. Herr says:
Hello, My name Is Peter. I am in desperate need of your services. My Arraignment I s scheduled for June 9th At 9:00 am. How I got here is detailed. It involves having hired an attorney previously I feel misrepresented me and my position of innocence. I can explain in detail when we speak but there have been 3 Preliminary Hearings so far. 1st represented by attorney, Second one By me and prosecuting witness ( officer did not show up). Get this the Assistant DA took me aside well after the time my hearing was scheduled, told me to go home and I would get notice of #3. Which happened on May 18th, also self represented. I have a very strong defense I think you will agree. In addition I believe there have been some miss steps in the courts handling of my case. I looK forward to a response. I have written a very strong written statement in my defense I would like to share with you. I feel after reading it you will see my frustration. In addition I am A PA Medical Marijuana Patient, At the time of the incident when I had police interaction that led to this DUI (Impaired Driving Charge), there was no possession, paraphernalia, no oder. Just a blood test after being taken from my a car by ambulance to the hospital after having a seizure in my stopped car. Pleas help! This has been hanging over me since I Was Charged March 23. Event happened on February 7th. Let me know how to get my written defense statement to you.
Sincerely, Peter J. Herr. 215-806-2330.