Kelm & Reuter, P.A.

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DUI convictions potentially compromised by test recall

Those who were already convicted on DUI charges in Minnesota could have another chance to plead their case. Hundreds of test kits were recently recalled, and they may compromise thousands of cases.

Some claim that the cases could actually get thrown out, as the evidence won't stand. This has been called "a scientific screw-up of epic proportions."

While many people think of breath tests when considering DUI cases, the reality is that blood tests are typically considered more accurate, and they're frequently used. They just don't give them out on the side of the road, like they do with breath tests.

To take the blood tests, a subject's blood has to be drawn and then stored in a vial. The issue with the recalled tests is that hundreds of these vials were not set up with the right preservatives, elements that are important to prevent fermentation and clotting. This could mean that those vials, and the samples they contained, are faulty. The results may be inaccurate.

The scope of the issue is huge. Tests used as recently as early June of 2019 could be faulty, but the inaccurate results could stretch all the way back to August of 2018. That's an incredible amount of DUI cases.

Did you get arrested on DUI charges? Were you convicted based on the results of a blood test, or are you still working your way through a case involving evidence gathered from those tests? If so, it is crucial that you understand what this story means for your rights and your legal options, as the results of that test may be completely inaccurate.

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Kelm & Reuter, P.A.
1287 2nd Street North
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Sauk Rapids, MN 56379

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