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Challenging Oklahoma Blood Test Results in Court

Challenging Oklahoma Blood Test Results in Court

Challenging Oklahoma Blood Test Results in Court

If you had your blood tested after a DUI traffic stop in Oklahoma, you may be wondering how to challenge the blood test results in court. Generally, blood tests have fewer calibration and procedural problems than breath tests, but there are still defense strategies to explore.

In Oklahoma, the blood test must be administered in accordance with the testing laws, including 47 O.S. § 752. Only an authorized person, such as a doctor, nurse, physician’s assistant, or other employee approved by the hospital can draw your blood. This person must receive a written order authorizing blood withdrawal. For example, a law enforcement officer who had probable cause to believe that someone was driving while intoxicated and caused death or serious injury or a traffic accident would sign a written request for the blood withdrawal.

After the blood is drawn, it must be tested in accordance with Oklahoma Board of Tests procedures in an approved laboratory or one that follows the specific test rules. The chain of custody from the withdrawing medical personnel to the laboratory may be questioned, as may the testing at the laboratory and storage of the specimen. If blood withdrawal was not completed within two hours of the traffic stop, test results will almost certainly be subject to challenge.

Attorneys will look at every step of the blood test process to determine whether it followed procedure. The laboratory that tested the blood must provide a written report regarding the test, which can be reviewed to determine if any assumptions were made, protocol not followed, or results incorrectly interpreted. The person whose blood is tested or his attorney may request that an independent laboratory test the blood sample. While not every blood test is flawed, it is only by understanding the process and examining the test results that a person accused of DUI can prevent blood test results from being admitted in court.

Have you been charged with a DUI in Oklahoma? Seek out the attorney who teaches other attorneys and law enforcement about blood testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.