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Is the Blood Test More Accurate Than the Breath Test?

Mr. Taylor (retired) describes how the blood test from a DUI suspect is sometimes mishandled and how DUI attorneys like Mr. Taylor often challenge the results of this test. Mr. Taylor’s firm has its own forensic toxicologist who re-analyzes the blood to confirm the results of the blood test. Several things can lead to a contaminated blood test, such as when the blood is not properly preserved by the authorities, which in turn causes the blood alcohol level of the blood to rise to a level that is inaccurate. The most common way a blood test can be mishandled is through the “chain of custody”. By the time the blood goes from the police officer to the arrestee’s attorney for re-testing, it can be easily mixed up with another person’s blood test. Mr. Taylor’s firm had one such case, where it was determined through a DNA test that the blood was not Mr. Taylor’s clients, which not only resulted in the criminal charges being dropped, but also a front-page editorial in the Los Angeles Times.

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