Friday, April 19, 2013

There are defenses against a DWI blood alcohol level

Aside from a breathalyzer test most accused DWI offenders are given a blood test at the police station. There are a number of factors to consider when a blood sample is taken from an accused DWI driver.
First, your skin must be sterilized with something other than alcohol. As the needle is pushed through the skin it may catch some of the surface alcohol. This small detail can cause a false positive when there is none.
Secondly, was the person drawing the blood following procedures? How experienced was the health care worker.

Next, when the lab took the sample were there enough anticoagulants and preservatives in the vial? If not there could be a chance for the blood to ferment and make its own alcohol. This error could also cause a false positive.

Additionally, mistakes can be made all along the process of the blood draw. Was the sample labeled properly? Could it have been mixed up with another person's blood? After the blood was taken from your body was it stored properly? Is there a written record of everyone who had access to the blood?
Lastly, alcohol takes time to be absorbed by the body. Every one's blood circulation system is unique and absorbs alcohol differently. Your Blood Alcohol Content (BAC) may not have been high when you were driving but, as time passed your system may have absorbed the alcohol causing an altered BAC reading than when you were behind the wheel.

If you are charged with a DWI and a blood test or BAC test is taken you need an attorney. The attorneys at The Martinez Law firm have years of experience in defending DWI cases. It is imperative that you have a strong and knowledgeable voice in the legal arena. Don't walk into court alone, talk to one of the attorneys at the Martinez Law Firm