In practice, it is very difficult to change the sentence of the first instance after the second instance judgment. The reason for this is that in drunk driving cases, the legal relationship is relatively simple, and the sentencing standards are relatively clear, so it is very difficult to defend the conviction and sentencing, but it is not completely impossible. If the defense lawyer can start with the evaluation opinion of blood alcohol content and find that the evaluation opinion does not meet the elements of evidence (the blood collection procedure is illegal), and fundamentally overturn the establishment of drunk driving, then the second-instance trial may be remanded for retrial on the grounds that the facts are unclear and the evidence is insufficient, and the procuratorate will withdraw the indictment.
Therefore, in the case of drunk driving, we mainly defend from the procedures such as blood extraction and testing. The following are illegal methods of blood extraction:
1. The disinfectant used in blood drawing contains alcohol, such as Aneriodine disinfectant; (Iodophor should be used under normal circumstances).
2. When the blood sample was taken, there was only one official police officer, and the rest were auxiliary police, and the blood sample was not sealed on the spot after it was extracted;
3. The law enforcement recorder did not shoot the label of the disinfectant, the disinfectant was unknown, and there was no inspection**;
4. After the blood is drawn, it will be sent for testing beyond the time limit, and the blood sample will be sent for testing.