DUI Blood Test Defense in Lackawanna County

Exceptions to the Warrant Requirement

Law enforcement may argue that one of the following exceptions applies:

Each of these exceptions has strict legal requirements. Shane Scanlon will carefully examine whether police properly complied with constitutional standards before your blood was drawn.

How Blood Test Results Can Be Challenged

Even when a warrant was properly obtained, blood test results are not infallible. There are multiple stages in the collection, storage, transportation, and analysis of blood samples where errors can occur. A thorough defense examines every step in that chain.

Chain of Custody Problems

Pennsylvania law requires strict documentation of who collected, handled, transported, and tested your blood sample. Any gap or irregularity in the chain of custody can raise serious questions about whether the sample that was tested was actually yours, and whether it was properly preserved throughout the process.

Collection and Handling Errors

Errors at the time of collection can compromise the reliability of a blood test result, including:

Fermentation and Sample Degradation

Blood samples that are not properly preserved can ferment over time, which causes the BAC reading to increase after the fact. If your sample was stored improperly or tested after an unreasonable delay, the result may not accurately reflect your BAC at the time you were driving.

Laboratory Errors and Accreditation Issues

The laboratory that analyzed your blood sample must follow strict protocols. Common issues include:

Rising BAC Defense

Alcohol is absorbed into the bloodstream over time. If you consumed alcohol shortly before driving, your BAC may have been below the legal limit while you were behind the wheel but continued to rise by the time your blood was drawn. This rising BAC defense can be scientifically supported with expert testimony and is a recognized challenge in Pennsylvania DUI cases.

Blood Tests in Drug-Related DUI Cases

Pennsylvania law also prohibits driving under the influence of controlled substances, including prescription medications, marijuana, and illegal drugs. Blood tests are commonly used to detect the presence of these substances.

However, the presence of a substance in your blood does not automatically mean you were impaired at the time of driving. Many drugs remain detectable in the bloodstream long after their impairing effects have worn off. Shane Scanlon can challenge whether the substance detected actually impaired your ability to drive, and whether the amount detected was sufficient to constitute impairment under Pennsylvania law.

Your Right to Independent Blood Testing

Under Pennsylvania law, you have the right to obtain an independent blood test at your own expense after being arrested for DUI. If law enforcement failed to inform you of this right, or if they interfered with your ability to obtain independent testing, that may be grounds to challenge the admissibility of the state’s test results.

Shane Scanlon will review whether your right to independent testing was properly preserved and whether any violation of that right can be used to your advantage.

The Role of Expert Witnesses in Blood Test Defense

Defending against blood test evidence often requires the use of qualified expert witnesses, including toxicologists, forensic scientists, and laboratory analysts. These experts can review the testing procedures, examine the raw data, and identify problems that would not be apparent to a layperson or a jury.

Shane Scanlon has the experience and the network of qualified experts necessary to build a thorough scientific defense on your behalf. He understands how to present complex technical evidence clearly to a judge and jury.

Penalties for DUI Blood Test Convictions in Pennsylvania

Penalties depend on your BAC result, prior DUI history, and other aggravating factors:

Successfully challenging the blood test result or suppressing the evidence can result in a reduction to a lesser tier, a lesser charge, or a complete dismissal.

ARD Eligibility for DUI Blood Test Cases

First-time DUI offenders may be eligible for the Accelerated Rehabilitative Disposition (ARD) program, regardless of whether the charge is based on a blood test. Successful completion of ARD allows the charges to be dismissed and the record expunged.

As a former District Attorney, Shane Scanlon has firsthand experience with how ARD decisions are made in Lackawanna County. He can advise you on your eligibility and advocate effectively for your admission to the program.

Why Choose Shane Scanlon Law for Your DUI Blood Test Defense

Shane Scanlon brings a unique advantage to every DUI defense case. As the former District Attorney of Lackawanna County, he spent years prosecuting DUI cases, including those built on blood test evidence. He knows the methods prosecutors rely on and the weaknesses they would rather not face in court.

When the prosecution’s case rests on a blood test, you need a defense attorney who understands both the law and the science. That is Shane Scanlon.