DUI Blood Tests in Overland Park

Overland Park DUI Attorney

You can be stopped and tested for intoxication if your driving or appearance shows reasonable signs of driving under the influence. Usually, you will be given field sobriety tests and if you fail these, breath tests will follow to determine your blood alcohol concentration (BAC). Less commonly, a blood test will be taken. Blood tests are considered to be more reliable than other methods of determining BAC, but a well-versed Overland Park DUI lawyer from the Neighbors Law Office can frequently find flaws in these tests as well.

• Over the years, I have purposely narrowed the scope of my practice to DUI and license restoration matters. This has allowed me to exhaustively study and use the laws regarding chemical tests for intoxication in presenting successful DUI defenses.

Invalid Blood Tests

The first point to know is that Kansas law dictates that blood samples can only be taken by a doctor, nurse or a qualified medical practitioner. When a driver is injured in a DUI accident, blood is regularly drawn for medical purposes, not for determining BAC. If this is the case, the police can only obtain the results of this blood draw by using a warrant.

Additionally, federal law does not allow a hospital to disclose confidential information regarding a patient who is treated for an alcohol related issue. It is vital to contact me quickly so that I can aggressively use the law to protect your rights.

• If the police already have a blood sample from you, there are many issues which may be brought to light in your defense, including:
• If your blood sample was not taken by a qualified individual
• If your sample was improperly stored
• If the place on your body where the blood was drawn from was incorrectly sterilized
• If the sample was not mixed with the proper amount of anticoagulants and preservatives

You have the right to obtain your own independent blood sample and if this right is refused, the evidence in your blood sample may prove to be inadmissible.

I have practiced law in our state for 30 years and want you to have the services of a knowledgeable attorney when facing tough DUI charges.

• Contact an Overland Park DUI attorney if blood tests were used to charge you with a DUI offense.