Challenging DWI Blood Tests
There are many issues that can arise from blood tests. If your attorney does not have the right training and experience your defense can suffer. Make sure you hire an attorney that can challenge blood tests.
What do I need to know about challenging blood tests?
DWI is a very technical and scientific area of the law. Especially when it comes to blood testing. Blood will be tested in situations where the driver just cannot deliver a breath test, such as when they’ve been involved in a motor vehicle accident. Blood will be drawn and analyzed for two things, the presence of alcohol in the system and drugs, whether they be prescription or illicit. Blood is analyzed via a method called gas chromatography. When using this method, a machine called a gas chromatograph will measure a small amount of blood for the presence of the chemical it’s looking for and then will separate them into individual components, the components will then register as a result. However, when it comes to drug testing the machine can only tell us what is in the system not how much drugs may be in the blood. This is a great defense because the state cannot prove when the drugs were taken. They could have been taken recently or days ago.
Blood is a very technical area of the law. There are many steps in challenging a DWI blood case from challenging the blood draw to the transportation from the hospital to the crime lab and the analysis, any deficiencies in any of these areas can lead to contamination and contamination results in your blood test results being thrown out of evidence. If you have a case that was an accident perhaps and there were no field sobriety tests or other observations, the only evidence they have is your blood and without that blood, they have no case.
At the Hernandez Law Firm, I am on the forefront of challenging blood test cases. I am well versed in the law as well as the science involved here. I have over a hundred hours of forensic chromatography training and have utilized this training to defend many people charged with DWI successfully.
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