New Jersey DWI Blood Testing
Although the most common form of BAC testing is breath analysis, sometimes collecting a breath sample is not possible. For example, if a driver is injured due to a vehicular accident, he or she may be unable to provide a breath sample. In this instance, a blood sample may be drawn and sent to a forensics laboratory for testing.
Blood Testing is Not Infallible
The forensics lab uses a method called gas chromatography to analyze the blood and determine its alcohol content. While this is generally considered to be one of the most accurate tests for blood alcohol content, it is not without its faults, and the results of a blood test can be challenged from many angles. Questions the prosecution will have to answer regarding the blood test include:
- Was the sample taken in a lawful manner?
- Was the sample’s chain of custody documented and unbroken?
- Were all the machines used for testing properly calibrated and maintained?
- Were the samples handled properly to ensure there was no contamination?
- Were all proper testing procedures followed?
- Was the technician properly trained and certified?
There are No Automatic Convictions
Remember—just because you submitted to a blood test for BAC does not mean you will be convicted of DWI. The results of every blood test must be shown to be valid in court. However, it takes a highly trained attorney who is knowledgeable in blood testing procedures to be able to challenge the evidence and hold the prosecution accountable.
Attorney Steven Hernandez has been practicing DWI defense in New Jersey for over a decade, and he has taken intensive training courses in chemical BAC testing in order to better defend his clients in court.