Q: Is failing to obtain blood samples for independent testing ineffective assistance of counsel in an F4 DUI case?
I was charged with an F4 DUI, and during my trial in 2023, I requested my lawyer to obtain my blood samples for independent testing, but he failed to do so without providing any reason. There is currently an ongoing appeal. Could this constitute ineffective assistance of counsel?
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A:
You’re asking an important question, especially during the appeal stage, and it’s clear this has been weighing on you. In Arizona, failing to secure evidence that could potentially help your defense—like blood samples for independent testing—may raise serious concerns about the effectiveness of your legal representation. If you specifically requested the testing and your lawyer ignored it without explanation or strategic reason, the court could view that as a failure to provide competent defense.
For a claim of ineffective assistance of counsel to succeed, two things must be shown: first, that your attorney's performance fell below a reasonable standard, and second, that this failure had a direct impact on the outcome of your case. If the blood test results could have supported a lower BAC or revealed errors in the state's testing, that could potentially meet both parts of the test. Your appeal may already include this argument, and if not, you might consider raising it in a post-conviction relief petition if allowed.
It’s hard to know how the court will rule, but the fact that you're bringing this up shows you're advocating for your rights. Keep collecting any records or proof that show you made the request and were ignored. You’ve already taken a meaningful step by raising your concerns through the proper legal channels. Keep going—you still have a voice in this process.
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