Can the BAC bloodwork that was taken be thrown out of evidence if the arresting officer did not ask what medications I was on, all of which can cause false positive blood results?

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Can the BAC bloodwork that was taken be thrown out of evidence if the arresting officer did not ask what medications I was on, all of which can cause false positive blood results?

Asked on November 27, 2012 under Criminal Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A good defense attorney would be able to ask a few questions of the arresting officers and the prosecutor assigned to this case.  Those questions will include whether anyone asked you at the scene whether you had other things in your system like prescription medicine.  The questions raised may be dissipated by a good expert who can testify that this caused false positives and you had nothing else in your system. If the evidence is suppressed through pre-trial motions, then there may not be enough to hold you and the charges would be dismissed.


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