Can I challenge a DUI blood draw if I am on blood thinners?

When you are charged with a DUI or DWI, the basis for that charge is usually the fact that your blood alcohol level (BAC) was above the legal limit of .08 percent (or lower, if you are a teen driver). However, while BAC can be an accurate measure of how much alcohol a person has consumed or of how intoxicated a person is, it is not a foolproof method of evidence collection. For example, if you had a DUI blood draw on blood thinners, it is possible that your BAC reading would have appeared higher than it should have as a result of the medication in your body 

In such an instance, it may be possible for you to mount a DUI defense on the basis of the blood thinners causing you to read a higher BAC than was accurate. You will need to ensure that you are able to back up your defense with sufficient evidence to make your case. However,  because a DUI is a criminal proceeding, you merely have to introduce doubt into the minds of the court; you do not need to conclusively prove your innocence (remember the rule- the prosecutor has to prove your guilt beyond a reasonable doubt.)

If you intend to challenge a DUI charge based on blood thinners in your blood stream, or based on any other defense, it is always in your best interests to speak with a lawyer who specializes in DUI cases. Your attorney can assist you in building a successful defense and in protecting your rights.