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DUI and False Positive Blood Tests

Half Moon Bay, CA |

Are there any medical conditions and/or related medications that could cause a false positive on a blood alcohol tests (tested by blood draw and not the breathalyzer) ?


Attorney Answers 4


Your question is very difficult to answer but it is yes. The companies that make the intoxilizer machines want the public to believe they are totally accurate. Law enforcement wants the same thing because the machine makes prosecution easier. If they have to rely on a macine for an answer, it takes all the work out of their jobs. What machine do you know that always works.
There are environmental interferents and other biological interferents with the machine. The samples that are used to calibrate the machine could be spoiled and the software of the machine could be functioning incorrectly. You must really look at this in a very specific case. Blook alcohol tests can be affected in many different ways. The nurse drawing the blood should not clean your skin with a alcohol swab prior to drawing the blood. The right color tube must be used and it must be put into the tube correctly. I just returned from the National College of DUI and NACDL conference on DUI. Though I have been doing DUI for 29 years I learned things I did not know. You need to seek out a DUI lawyer in your state. Someone whose practice is over 50% DUI.

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It is possible to get a false reading on a blood test but unlikely. Compared to a breath test a blood test is extremely accurate. However if the blood test is not administered properly you can get an artificially high reading. It would help to know your BAC. If you wish contact me directly at the phone number on my website.

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You should definitely pay the $250 -- $300 to have your blood sample re-tested. In my experience the police machines read high and they may not have used proper preservative.

Edward J. Blum

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It is very rare, but there are some people whose stomachs work like a still, fermenting the stomach contents and producing alcohol without the person having ingested any alcohol. Did you ever feel tipsy without having drunk anything? As I said, it is rare. Yes, get the blood retested. It is also possible for a sloppy and careless blood technician to mix up two different test tubes before labeling them. I concur with the other lawyers: find a very experienced criminal lawyer who specializes in DUI. Your case will require a very skilled DUI lawyer. Good luck.

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