If you were arrested for DWI in New York, then the police probably administered a blood or breath test to determine your blood alcohol concentration. Even if you failed this test, there may be a defense that works in your favor. A DWI defense attorney can evaluate your situation and explain your options.
There are several reasons why a BAC test may produce inaccurate results. In certain cases, the test results may be inadmissible in court, which can lead to a dismissal.
Darren DeUrso, Attorney at Law can investigate the charges against you and structure a comprehensive defense based on the unique facts of your case. Mr. DeUrso is a White Plains criminal defense lawyer who understands when to challenge blood tests in court. Call us today at 914-772-8614 to schedule a consultation.
Until then, read on to learn two ways that a DWI lawyer can challenge a blood test:
- Collection Procedure
According to the Department of Highways Safety and Motor Vehicles, you will face DWI charges if your blood alcohol level is 0.08 percent or higher, and law enforcement may attempt to prove this by taking a blood sample shortly after your arrest. If police decide to draw blood, then it is important that they maintain the integrity of the sample throughout the process. There are several factors that can influence the integrity of the sample, including how the official administers the test.
Research by the Association for the Advancement of Automotive Medicine suggests that the collection process may compromise the results. This is an intricate medical procedure, and if someone without the necessary experience tries to draw blood, the results may be inaccurate. If you can prove that the person who took your blood had minimal or inadequate training, then you may be able to question the integrity of the results.
- Blood Sample Storage
It is critical that a blood sample is stored in an appropriate way as to maintain the integrity of the results. Improperly stored blood samples can produce false positives.
If officials do not properly store the blood sample, then yeast, bacteria and sugar can cause the sample to ferment. Even a short break in the storage chain can lead to fermentation, which involves the formation of alcohol. This alcohol may increase the BAC reading of your blood test.
It may be possible to question how officials stored the blood sample. If your attorney can establish that they did not store the sample in an appropriate manner, then the evidence may not be admissible in court.
There are few experiences that can match the stress that comes with DWI charges. If you were arrested in New York, then Darren DeUrso, Attorney at Law may be able to help. Mr. DeUrso is a DWI attorney who can structure your defense and aggressively fight for a positive outcome to your case. To schedule a consultation, call us today at 914-772-8614.