DWI: Attacking Blood Tests

Not what you were looking for? Continue your search here...

Blood testing is not used as frequently as breath testing. However, in accidents where injuries occur, it is almost always the testing method used to determine a driver's blood alcohol content.

Generally, blood samples are taken only at hospitals and by qualified EMT medical personnel. A failure to have the blood sample taken by certified medical personnel casts doubt on the method the blood sample is taken and may result in suppression of that evidence.

There are also a number of other factors that can impair the accuracy of blood samples.

ALCOHOL: Often, the EMT performing the test will impair the test by using alcohol to "sterilize" the site where the blood sample will be taken. That use of alcohol may impair the test and the blood sample may become contaminated. Again, this may result in the suppression of that test result. .

VACUUM: In most cases, tubes are used to acquire the blood sample. These tubes contain a vacuum to draw the blood into the tube. If that vacuum is not properly created, the vacuum may also suck in contaminants from the environment. If alcohol was spilled on clothing or present in the air for some other reason, the test may be compromised.

CHAIN OF CUSTODY: Any blood sample must go through several sets of hands before it is tested. The tube must be properly sealed and then properly opened for testing. If the chain of control is not carefully documented, it is possible that the sample is contaminated and can be suppressed.

Maury D. Beaulier is a leading criminal defense and DWI lawyer in Minnesota. For a consultation on your legal matter call (952) 746-2153 or visit http://www.dwicounsel.com.