If you were recently charged with a DUI and had a test administered, you may be under the impression that the positive results will mean that you will have little chance at winning your case. While a positive blood-alcohol-content (BAC) can make defending a DUI charge complex, the evidence from the test may be ruled inadmissible if it is challenged properly.

A DUI attorney is the best resource to use for strategically challenging a DUI charge. The following are examples of instances where positive BAC test results could be ruled inadmissible as evidence, which could result in reduced charges or the entire case being dismissed.

Improper Handling of Test Sample

If your test sample was handled by numerous individuals, its validity could be challenged. This is because at some point one of the individuals may not use the correct protocol for specimen collections. For example, the integrity of a specimen rests upon it not being tampered with. If even one person leaves the specimen unattended in an open space such as lying on a counter, the courts could agree with a defense attorney's motion to dismiss the evidence due to the possibility of tampering. 

If multiple samples were taken from various other individuals with similar charges and the process was performed sloppily, the integrity of the samples could also be challenged. For example, collecting multiple samples and relying on memory to label the samples or allowing time to lapse before placing them in sealed packages with labels. 

Credentials of Specimen Collector

If the individual performing the specimen collection does not have the correct credentials, your defense attorney could challenge the results. For example, allowing a person who is in training to administer a sensitive test that could impact one's freedom could cause the courts to scrutinize whether or not the sample should be allowed as evidence even if the collection was observed by someone with credentials. 

In some jurisdictions, individuals who perform phlebotomy procedures must recertify or obtain continuing education credits for their credentials to be deemed as legally valid. If agencies are not staying abreast with this facet of the law, the burden of proof of proper sample collection will rest upon them, and courts could view the actions as illegal sample collections and not allow them to be submitted as evidence. 

Faulty Equipment

Samples can become contaminated or yield false positives when equipment is faulty. Breathalyzer machines have to be calibrated in order to ensure accurate results, and proof of the calibration may be the crux of the prosecution's positive BAC charges. If there is not a written record or documentation, courts could rule that there is not sufficient evidence to support the charges.