Failed DUI Blood Test, You Can Still Beat A DUI Charge

Published 03/19/2020

Failing a Blood Test does not mean you must plead Guilty to a DUI.

An experienced Rhode Island DUI Defense Attorney will identify mistakes early in the case to get the case dismissed on legal technicalities.

Attorney Matthew L. LaMountain will review whether there was adequate probable cause to stop your motor vehicle.  If there was an issue with the initial stop then all the evidence gathered thereafter will be suppressed and the case will be dismissed.

Before the State can enter the results of the blood test they most prove the following:

  • Valid consent to the blood test. The state has the burden to prove that your consent was freely and knowingly given.
  • Valid consent requires that you be informed of all potential penalties and consequences of refusing the test.
  • A Copy of the report of the test result was mailed to you within thirty (30) days following the taking of the test.
  • The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual
  • You were afforded the reasonable opportunity to have an additional chemical test.

The State Must Also Prove That You Were Incapable of Safely Operating a Motor Vehicle.

Even though you have evidence of a controlled substance in your blood, the State must prove beyond a reasonable doubt that you were under the influence of intoxicating drugs to a degree that rendered you incapable of safely operating a vehicle.

A experience Rhode Island DUI Attorney can review your case and prepare a defense that argues that the State is unable to show that you were still under the influence from the Controlled Substance at the time you were operating the motor vehicle.

Hope is not lost, even if you failed the Blood Test. Act fast and give my office a call for a free consultation.

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