How to Challenge DUI Blood Test Results in Nevada
Facing DUI charges in Nevada can be a stressful and overwhelming experience, especially when law enforcement presents blood test results as irrefutable evidence of intoxication. However, contrary to common belief, DUI blood test results are not infallible. Numerous factors can lead to inaccuracies, including contamination, improper handling, and testing equipment errors. A thorough understanding of Nevada’s DUI blood test process and the potential flaws in testing can provide a critical advantage in fighting DUI charges.
An experienced DUI defense attorney like Josh Tomsheck can challenge blood test results and expose weaknesses in the prosecution’s case. The ability to identify errors, file legal motions, and leverage expert witnesses can mean the difference between a conviction and an acquittal or case dismissal.
Understanding Nevada’s DUI Blood Test Process
Nevada law allows law enforcement officers to conduct blood tests under specific circumstances. While breath tests are commonly used for alcohol-related DUIs, blood tests are also allowed under Nevada law and are often used when:
- A driver refuses a breath test after being lawfully arrested for DUI.
- The driver is suspected of being under the influence of drugs rather than alcohol.
- A serious injury or fatal accident has occurred, triggering Nevada’s implied consent laws.
Despite their perceived accuracy, blood tests are not foolproof. Mistakes in sample collection, storage, and testing procedures can result in wrongful charges. Understanding how these tests are conducted and what errors may occur is essential for anyone facing DUI allegations.
Errors in DUI Blood Tests That Can Be Challenged
While blood tests are often seen as the gold standard in DUI cases, they are susceptible to numerous errors. These errors can lead to inflated blood alcohol concentration (BAC) levels, misidentification of substances, or even false positives. Below are some of the most common challenges an experienced DUI attorney may raise in court.
1. Contamination of the Sample
Blood samples must be collected under sterile conditions to prevent contamination. If the sample is tainted due to improper handling, use of unsterile equipment, or external substances, the results may be unreliable. Bacteria or other contaminants can cause fermentation, leading to a falsely elevated BAC.
Additionally, if alcohol-based disinfectants are used at the blood draw site, trace amounts of alcohol may be introduced into the sample, further distorting the results. A careful review of how the blood was drawn and stored can reveal whether contamination affected the results.
2. Improper Storage or Handling
Nevada law mandates that blood samples be stored at appropriate temperatures to maintain accuracy. If a sample is exposed to excessive heat, left unrefrigerated, or improperly sealed, it can degrade. Degraded samples can result in fermentation or chemical changes that artificially increase the BAC level.
Law enforcement agencies and crime labs must follow strict protocols for sample storage. If any deviation from proper storage procedures is discovered, an attorney can argue that the blood test results should be excluded as evidence.
3. Fermentation of the Blood Sample
Blood naturally contains sugars, and if samples are not stored correctly, fermentation can occur. Fermentation produces ethanol, which can cause an artificially high BAC reading. If fermentation has occurred, the test results may not accurately reflect the driver’s BAC at the time of the alleged offense.
Expert witnesses can be used to analyze whether fermentation may have impacted the sample, providing a strong defense against DUI charges.
4. Chain of Custody Issues
For blood test results to be admissible in court, there must be a clear and documented chain of custody. This means that every person who handled the sample—from the officer who collected it to the lab technician who tested it—must be accounted for. If there are gaps or inconsistencies in the chain of custody records, the sample’s integrity can be called into question.
Any mishandling, loss of documentation, or unexplained delays can cast doubt on whether the blood sample truly belonged to the accused driver or if it was tampered with in any way.
5. Testing Equipment Malfunctions
DUI blood tests rely on highly specialized laboratory equipment, such as gas chromatography machines, to measure BAC levels accurately. If these machines are not regularly maintained, calibrated, or tested for accuracy, they can produce unreliable results.
Defense attorneys can request maintenance logs and records of calibration tests to determine whether the equipment used was in proper working order at the time of testing. If inconsistencies are found, the test results may be deemed inadmissible in court.
6. Blood Sample Mix-Ups
Crime labs process a high volume of blood samples daily, increasing the likelihood of human error. If a lab technician mislabeled or mixed up samples, an innocent driver could face DUI charges based on another individual’s BAC test results.
By thoroughly investigating lab procedures and records, a defense attorney can identify any irregularities that may indicate a sample mix-up, providing grounds for challenging the test results.
7. Lack of Consent or Illegal Blood Draw
Nevada law requires that blood draws be conducted with either the driver’s consent or a valid search warrant. There are some exceptions, such as mandatory tests following serious accidents, but officers must still follow strict legal protocols.
If law enforcement did not obtain proper consent or a warrant before drawing blood, the test results could be excluded from evidence. An experienced attorney can file a motion to suppress illegally obtained test results, potentially weakening the prosecution’s case significantly.
How a DUI Attorney Can Challenge Blood Test Results
A skilled DUI defense attorney can use various legal strategies to challenge the validity of blood test results. Some of the most effective tactics include:
1. Filing a Motion to Suppress Evidence
If a blood test was obtained illegally or if there were procedural errors in collecting or testing the sample, an attorney can file a motion to suppress the evidence. If the judge grants the motion, the prosecution may no longer have enough evidence to proceed with the case, leading to a dismissal.
2. Requesting Independent Testing
Nevada law allows DUI defendants to request an independent analysis of their blood sample. A second test conducted by an independent laboratory may expose inaccuracies or provide evidence that contradicts the prosecution’s claims.
3. Challenging the Lab’s Procedures
Crime labs must follow strict guidelines when handling and analyzing blood samples. A defense attorney can scrutinize these procedures, demand maintenance records, and cross-examine lab technicians to uncover any violations or errors.
4. Questioning the Officer’s Probable Cause
Law enforcement officers must have reasonable suspicion to stop a driver and probable cause to make an arrest. If an attorney can demonstrate that the officer lacked justification for stopping the driver or improperly conducted the arrest, any evidence obtained—including blood test results—may be ruled inadmissible.
Fight Back Against DUI Charges with Josh Tomsheck
Being charged with DUI in Nevada does not mean a conviction is inevitable. Blood test results are not absolute, and errors in the collection, handling, or testing process can provide a strong basis for a legal defense. Challenging these results requires a deep understanding of forensic science, Nevada DUI laws, and criminal defense strategies.
Josh Tomsheck is a nationally board-certified criminal defense attorney with extensive experience in representing those charged with DUI, including numerous successful challenges of DUI blood test results. As a former prosecutor, he understands the weaknesses in the state’s case and how to exploit them to his clients’ advantage. Whether through filing motions to suppress, requesting independent testing, or exposing flaws in the prosecution’s evidence, Josh Tomsheck fights aggressively for the rights of those accused of DUI.
If you are facing DUI charges, do not leave your future to chance. Contact Hofland & Tomsheck at (702) 895-6760 today for a free consultation and start building your defense.
