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Defenses Against Failed Blood Test in Michigan

Question: What are some potential defenses for a “failed” blood test in a Michigan DUI/OWI case?

Answer: Well, if a blood test is taken, we want to make sure that the procedure was followed correctly. One of the things obviously to look for is whether an alcohol swab was used. Blood tests are most often done at the Michigan State Police crime lab, so the blood gets sent there. So there's a chain of custody question as to how it got from the client's arm into the lab where it's being tested. So that's an issue to look over every time too. And the blood that's not tested at the Michigan State Police lab, if it's done at a hospital, the procedure that's followed, it's important to know the procedure—are they doing a whole blood test, or a serum test, because that can have a big impact on what that number, the blood alcohol level coming back from the test says that the blood is.

So there have been issues with some very, very high blood alcohol levels, but there's a big question as to whether that's an accurate test. The other thing that we do in blood cases is request the complete blood work on the tests that were done that day. So we're not just looking at our client's two tests, we're also looking at other samples and controls that were done that day to see if there are other issues with any of the other tests. And sometimes that can be helpful. I had a client with a test that was very far off, the two tests, and the result that was given to us was just the higher of the two, not an average, and certainly not the lower of the two tests. And we were able to use that successfully to have the prosecutor reduce that to a littering charge. So it can have a big impact on a case.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.