DWI Blood Tests: 3 Ways You May Be Able To Fight The Results
When you have been pulled over for suspicion of being under the influence, you may undergo a series of field sobriety tests, including a breathalyzer. Back at the station, you may be asked to submit to a blood draw. Although some people know they can challenge the results of the field sobriety tests, many do not realize that a blood draw and test can be challenged as well. Here are just three potential defenses to a DUI blood test and its results:
1. Challenge the Individual Who Administered the Draw.
Depending on the circumstances, the person who took your blood test may be able to be challenged. In some cases, it may be that the individual was not qualified to do so. The station could have been busy and the authorities failed to find the appropriate person to administer the blood draw. There could also be a problem with the lab technician. In fact, several years ago, a Massachusetts lab technician admitted to forging signatures, faking results, and other mishandling tactics. This is why it is helpful to hire an attorney immediately after your arrest, as he or she can have your sample retested by an independent lab for potentially more accurate, non-falsifying results.
2. Argue the Chain of Custody.
When you have your blood drawn for a blood alcohol level test, there is a certain chain of custody that must be followed. Authorities are supposed to know who has your blood sample at all times and where they are, and the bag in which the blood sample is in should be tightly sealed. This is all to ensure that the sample is never tampered with or mixed up with another person's blood sample.
However, if you actually follow the chain of custody, you may find a troubling gap or two. If there is any break within the chain of custody that could have potentially led to the blood test being tampered with, you may be able to have the test and its results thrown out of court. This means that it can't be used against you, even if the results weren't in your favor.
3. Challenge the Equipment Calibration.
The equipment that is used in association with your blood draw must be calibrated in order to stay in tip-top shape and functioning properly. Otherwise, it could produce false results or compromise evidence. Therefore, you can always raise an argument regarding the improper calibration of the equipment at the police station as well as the lab. This is especially true if there is a gap in records of inspection tests and maintenance of the equipment.
Tackling these defenses on your own is not recommended, as the law is a complex thing. In some cases, you may need a completely different approach for your DWI defense depending on your exact circumstances. Therefore, you will want to contact an experienced DWI attorney for help in challenging the DWI charges that have been brought against you. For more information, contact a place like Garrett Law Firm, PA.