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Test Tube Recall May Lead to DUI Dismissals for Some Texans

 Posted on December 14, 2021 in DWI

TX defense lawyerDUI testing has never been a perfect process. From all the problems that could potentially invalidate the results of a breath test to the inherent subjectivity of roadside sobriety testing, no type of DUI testing is foolproof. Each comes with pitfalls that could allow a skilled attorney to challenge the validity of the test in many cases. A recent recall of test tubes used in DUI blood tests could jeopardize a series of prosecutions that relied on the results of affected blood tests.

If you are facing DUI charges in Texas, it is important that you take the matter very seriously and secure strong legal representation. An experienced attorney may be able to develop a defense for you based on challenging the results of chemical or field testing.

Flawed BD Test Tubes Cast Doubt on Hundreds of DUI Convictions

Thousands of test tubes recalled by medical supply company BD may have been missing a preservative powder that is necessary for holding the alcohol level of a blood sample steady between the time it is drawn and the time it is tested. Without this preservative, the results of a blood alcohol test could be completely inaccurate.

Test tubes subject to the recall were used in at least 2,700 DUI arrests. In some of these cases, the prosecution relied on the results of blood tests carried out using the defective test tubes to secure a conviction. Now that significant doubt has been cast on the validity of these tests, hundreds if not thousands of cases may need to be re-visited.

However, there is one issue for defendants hoping to have their cases dismissed based on the recall - test tubes missing this preservative powder are more likely to show falsely low BAC results than falsely inflated BAC levels. However, BD has acknowledged that the defect can cause falsely high results, although more rarely. This could potentially cast enough doubt on a conviction for a skilled attorney to have it overturned.

What Should I Do if I Was Convicted of DUI Based on a Blood Test?

Authorities are still working to identify which DUI cases may have been impacted by this recall. It may take some time to determine whether one of these defective test tubes was used in your particular case. Contacting an attorney who can help you find information about the status of your blood test and this recall would be your best bet.

Contact a Collin County DUI Defense Attorney

If you believe that your DUI conviction was affected by the recent BD test tube recall, the Law Offices of Biederman & Burleson, P.L.L.C., may be able to help. Our Frisco DUI defense lawyers are experienced in challenging the results of blood tests to defend those accused of DUI. Call 469-333-3333 to arrange a free consultation.



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