Following a DUI arrest in Atlanta you have the right to receive an independent blood, urine or breath test and should, in fact, use that right to get your blood, breath, or urine tested by an independent source. If this independent blood test is done, your Atlanta DUI attorney can then hire an independent expert to analyze your DNA and your blood for what was present at the time of the arrest. If it is a breath analysis or a urine analysis, it is even more important to get an independent test done as it becomes much more difficult to get an independent test done at a later date.
Independent chemical testing gives a defendant the opportunity to confirm that the blood or urine is positive for substances as the prosecution states. Independent chemical testing also gives a defendant an opportunity to do in-depth testing on DNA, to confirm that it is in-fact that specific individual’s blood and that there has not been any tampering with the evidence. Sometimes samples are mixed up in the chain of custody, blood that was taken from you can be lost or accidently mislabeled as someone else’s blood.
However, independent chemical testing is expensive. Therefore, it is crucial that those interested have an understanding of what they are committing to when they to hire an attorney and present a defense that deals with analyzing blood for its content and accuracy.
Independent chemical testing is evidence. The results of independent chemical testing can be used in almost any way that an attorney can creatively use it.
Using independent chemical testing of blood or urine requires someone to testify about the results of the testing. Usually, a motion to suppress is filed if the results of independent chemical testing show that the blood is not in fact your own blood. Results of independent chemical testing of blood or urine for the presence of narcotics or alcohol can be used at trial to show differences in the state’s chemical test and your own independent test.
In trial or any pre-trial hearings, the individual who took or analyzed the samples can be subpoenaed. Most of the time, there are witness fees associated with bringing the individual to trial to testify. The individual can be examined by your attorney, be presented to the court and qualified as an expert witness. The prosecution will then have the opportunity to cross-examine the individual for the state’s case and could question the individual’s experience and training to testify as an expert witness.
The attorney needs as much information as you can provide to mount the best possible defense for your case. Whether it is good or bad in your mind, you need to tell the full story to your attorney. Oftentimes, the attorney sees things differently than you because of his training and experience as a criminal defense attorney.
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