When a person has sufficient proof that their blood sample was mishandled and fermented, they might be able to defend themselves against DUI charges. Though it is a defense against inaccurate evidence presented by the prosecution, this is often referred to as the “blood fermentation defense.” A New Jersey DUI Lawyer can help you build a case regarding this.
How can blood fermentation be used as a defense against DUI?
DUI blood test results are used as evidence by law enforcement in cases involving drunk driving. Things can sometimes be clear-cut, though. Fermentation, which happens naturally over time and can raise the concentration of alcohol in a blood sample, is an issue that an attorney experienced in DUI laws can educate you about.
Similar to fermented beverages, blood may give an inaccurately elevated Blood Alcohol Concentration (BAC) reading due to the increased alcohol level in blood when it is not inside the body.
Neglect, backed-up lab timetables, or delays in submitting a blood sample to the lab may all result in this. Because it is organic, blood may break down due to bacterial and enzyme reactions. Alcohol builds up in the blood as a result of this degradation. Even in a sample that did not have any alcohol, depending on its level of decay, it can result in an amount of.25 percent or higher.
Unfortunately, since your blood is fermented outside of your body, you might be found convicted of DUI. A BAC that typically is regarded as legal could go above the legal limit of 0.08% if the process started before it was tested.
What Causes Blood Fermentation Outside of the Body?
The two main elements that can lead to blood fermentation are sugar and the tiny microorganisms that absorb that sugar. As a result, alcohol is generated as a byproduct.
A blood sample can be chilled to stop this process. The fermentation process can last for up to a week if the sample is not immediately and consistently chilled, during which the blood’s BAC will grow and could be above the allowed level.
Preservatives can also stop fermentation. Preservatives can promote blood fermentation if not added to the blood sample or in insufficient amounts.
Contact a lawyer
The way your blood was stored after it left your body is one of the factors that an attorney will look at while checking into your DUI charges. Blood fermentation can result in incorrect DUI convictions, and your lawyer must ensure you do not have to experience this unexpected blunder.
You can be sure that your attorney will fight tirelessly on your behalf to investigate all possibilities to help you get the most significant outcome possible for your case.
