Client was pulled over for going 45 miles per hour in a 25 mile per hour zone and making a wide turn. After a DUI investigation, client was arrested. Client submitted to a blood test that came back at .115. The plea offer that the prosecutor made was to plead guilty to DUI Impaired to the slightest Degree.
We set the case to trial. Our theme at trial was that there were only signs of consumption, not impairment. We argued that the manufacturer of the tubes used to store the blood was the focus of a recall in the past because some of their tubes did not have sufficient amounts of anti-coagulant and preservative in the sample.
Lack of anti-coagulant can cause clotting. Clotting within the blood sample could artificially raise the reading. Lack of preservative can cause fermentation and create alcohol, within the blood sample, after the blood was removed from the body. The jury came back Not Guilty on all charges.