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What Is the Blood Fermentation Defense to DUI?


It’s possible to defend against DUI charges when there’s sufficient evidence that a defendant’s blood sample was mishandled, causing it to ferment. This is sometimes referred to as the “blood fermentation defense,” but it’s primarily a defense that attacks faulty evidence produced by the prosecution.

Your BAC Can Be Higher After Your Blood Is Drawn

As with alcoholic drinks, fermentation of blood increases its alcohol content outside of the body, which can result in an artificially high Blood Alcohol Concentration (BAC) reading.

Unfortunately, you can be convicted of DUI because your blood fermented outside of your body. If this process began before it was tested, it can cause what would otherwise be a legal BAC amount to rise past the legal limit of 0.08%.

How Does Blood Ferment Outside of the Body?

Your blood contains two important things that can cause it to ferment: sugar and microscopic organism that eat that sugar. When they do, they produce alcohol as a byproduct.

This process can be stopped by refrigerating a blood sample. If the sample isn’t immediately and consistently refrigerated, the fermentation process can occur for up to a week, and the BAC of the blood will continue to rise – potentially exceeding the legal limit.

Preservatives can also stop fermentation. If preservatives aren’t added to your blood sample, or an insufficient amount of them is introduced, this oversight can facilitate blood fermentation.

Contact an Attorney to Help You Fight Your Charges

At Orr Law Firm, one of the things we can evaluate when investigating your DUI charges is how your blood was treated after it left your body. Blood fermentation can cause erroneous DUI convictions, and it’s our goal to ensure no client has to suffer from such an unexpected error.

Rest assured that we’ll leave no stone unturned in your defense, and we’ll pursue all possible options to help you achieve the best possible outcome for your legal situation.

For more information or to schedule a consultation with Orr Law Firm, contact us online now.