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Blood alcohol test results are questioned

People in Charleston need to be aware that if they are charged with DUI, it does not mean they will be convicted. Even if police have incriminating evidence, such as a failed blood or breath test, it is often possible to challenge this information. Such tests are not always reliable, and in many cases they should be questioned.

Right now in Colorado more than 1,700 blood alcohol tests are being reexamined after it came to light that a single lab employee had made numerous errors in reporting results. The state's department of health reportedly learned the employee misreported several test results and ordered many of his tests to be reviewed.

Of the first 250 blood alcohol tests scientists have reviewed, 10 came back with results contrary to those that were originally reported. These incorrect results may have resulted in the DUI convictions of innocent people.

The employee has been fired and it is not clear whether he was misreporting tests on purpose or by accident. Nonetheless, this underscores the importance of challenging blood and breath test results. Mistakes do happen and these tests are not fool-proof.

Experienced DUI attorneys work hard to make sure that any evidence admitted into court is legitimate. When evidence is flawed or a defendant's rights have been violated, a DUI lawyer can seek to have the evidence omitted or even to have the charges reduced or dismissed. The options are of course different in each case, which is why it is important to talk to a criminal defense attorney as early as possible in order to achieve the best possible outcome.

Source: CBS Denver, "Samples From DUI Cases Being Re-Tested," April 20, 2012

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