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DUI Blood Tests

Call a Kansas City DUI Attorney if You Have Been Arrested

If you are lawfully arrested and charged with driving under the influence, you will be required under Kansas law to submit to a chemical test for your blood alcohol content (BAC). This test can be done in one of two ways: blood or breath. While a breath test is much easier to administer, blood tests are far more accurate and therefore preferred by many police and law enforcement agencies when they are available as an option. You may not refuse this test, and doing so will automatically warrant an automatic year-long suspension of your driver’s license plus a two-year period with a mandatory ignition interlock device.

When you are subjected to a blood test, it’s imperative you speak with an attorney as soon as possible. While you do not have the right to have a legal representative present when the test is administered, a Kansas City defense lawyer can help you fight back against your charges, possibly even using the results of your blood test or an error in its administration to assist you. Rokusek Stein Law, LLC has more than 30 years of combined experience practicing criminal law, and can help you navigate through your case from start to finish. We critically analyze all of the evidence in your case to formulate the best possible defense strategy and guide you towards the best possible outcome.

If you have recently taken a blood test for your DUI, call Rokusek Stein Law, LLC at (913) 583-0465 as soon as possible! Let us review your case with a free, confidential case evaluation. Contact us today to request your consultation.

Are Blood Tests Infallible?

Many people believe that a blood or breath test which shows they were over the legal limit is insurmountable evidence and that they are better off pleading guilty or no contest. This is far from the truth; while blood tests are far more accurate than breath tests, you should not feel compelled to plead guilty in any case. Blood tests themselves are not immune from errors which could prove that the evidence against you is faulty and your charges should be dropped.

A blood test’s results can be compromised when:

  • The chemical analyzer was not calibrated properly
  • Other samples were tested at the same time and accidentally contaminated each other
  • Chromatograms show the results to be suspect
  • The sample was mishandled at some point before testing
  • The sample was improperly stored or stored for too long before the test was performed

Request Records

When preparing for your DUI case, you and your attorney should move quickly to obtain records that could prove to be evidence which helps your case. For starters, you should request the calibration records and records of other tests performed at the same time from the Kansas Bureau of Investigation, where most of these tests are performed. You should also request the chain of custody for a sample to see if it may have been mishandled or in some way impacted in a way that could disprove your results.

Finally, your own testimony of the test could influence the results. Was your arm swabbed with alcohol before the test? Believe it or not, while sanitary, this could result in your blood alcohol level showing higher than it actually was, thus leading to a potentially false arrest.

To start planning a hard-hitting criminal defense, contact Rokusek Stein Law, LLC online and schedule your appointment with our team!

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