This is not legal advice. Consult with a licensed attorney for advice as to a specific legal matter.
Most DWI investigations involve either blood being drawn or a breath test being administered. It is as a result of such tests that an individual’s blood alcohol concentration is determined. This article and a subsequent one will address some issues that arise regarding blood testing.
It is commonly believed that if you take a blood test in a DWI investigation the results of an analysis of the blood are highly accurate and may not be subject to contest. However, it is important to note that this perception is not the reality. It is possible to challenge the result a blood test in a DWI case.
It is assumed that the blood that is being analyzed is in the same condition as blood that is in the person’s veins at the time it is drawn. However, this is rarely the case. The law requires that the integrity of a blood sample be maintained from collection and analysis to reporting. And science recognizes that the integrity of a blood specimen can be adversely affected from the point of collection right through to the point of reporting on the results.
It must be noted that the way in which the blood is collected or drawn can affect the integrity of the blood sample. Studies have shown that there are errors associated with the blood draw and as a result this can provide false positive analysis as high as 50%. The drawing of blood is a sensitive medical procedure.
The way in which the blood sample is stored and maintained before the beginning of an analysis may also lead to false positive results. Studies have shown that there is a measurable error rate stemming from delays and improper storage of blood specimens. It is noted that all the conditions necessary for fermentation are present within the blood vial. This includes the presence of yeast, bacteria and sugar that are normal substances in the body. As a result of such delays or changes in temperature this can increase the conditions leading to fermentation. Fermentation is a process by which alcohol is formed therefore, as a result of fermentation the amount of alcohol in the blood vial will increase giving a false high representation of what was contained in the person’s veins.
If you are facing a DWI charge and want to challenge this charge seek out the best NJ DWI attorney for legal advice and representation on your case.