How Blood Tests are Challenged in a Drunk Driving Accident Case

For the most part, DUI investigations involve taking of breath tests and blood and urine samples. However, drunk driving accident lawyers reiterate the fact that many issues can come to the forefront when it comes to any type of sobriety test, including blood tests. 

There is glass and car parts everywhere. The police are present. Someone is crying. Someone is unconscious in their car. You even hear a dog barking from inside that same vehicle and medical personnel are on their way. You see a line of cars driving by gawking at you and everything. You have a feeling you are somewhat at fault. You know you were drinking a couple of hours ago. But you feel fine. You had a full meal and you waited until you took off. Now the police are saying you are drunk. That does not make it so. Do not give up. You may have caused an accident but this does not mean you were drunk. Nonethless, you need a drunk driving accident lawyer and this is how you find one: http://drunk-driving-accident.usattorneys.com/.

Most people take it for granted that the results of blood tests performed in connection with a drunk driving investigation are accurate and cannot be subject to any contest. They believe that America is so sophisticated and high tech that just because this device says you are drunk it must be so. The officer is so confident, you may as well put the handcuffs on yourself and declare yourself guilty forever, why even go on living another day!? However, this is far from the truth and stems from a paucity of knowledge.

There are ways to knock off that smug look by law enforcement – it may take a couple of months but justice can be reversed. 

Condition of the blood sample for analysis

Ideally, the blood that is under analysis should be of the same condition as the blood remaining in the individual’s veins while it was drawn. However, this is not the always the case. The law stipulates that the purity of the blood sample should be sustained right from the time of collection to analysis and reporting.

It is scientifically proven that the purity of the blood sample can be unfavorably affected from the time of the collection until the reporting of the end result and your drunk driving accident attorney will know how to exploit this fact.

Collection of blood

The way blood is drawn from the veins could adversely affect the quality of the blood specimen. Recent research shows that errors made at the time of a blood draw will result in false positive analysis for as much as 50 percent. 

Drawing blood from a vein is an extremely sensitive medical procedure. Most technicians that do blood draws have a limited and cursory training in the field where most of them have attended a training course comprising of a minimal 40 hours. Therefore, many don’t have any understanding of the crucial medical side of drawing blood. This can often compromise the integrity of the blood specimen, which drunk driving accident lawyers often challenge in court much to law enforcement’s chagrin!

Storing the blood sample

The way in which the specimen is stored as well as maintained before analysis, can invoke more errors resulting in false positive conclusions. Studies reveal that the rate of error can rise to as much as 100 percent due to the delay and inappropriate storage of the blood sample. 

Due to this, several conditions that are essential for fermentation can be found within the blood vial, which leads to an increase in the quantity of alcohol stored in the vial. This will automatically be added to any alcohol already present in the vial, thereby indicating a higher level of alcohol content in the blood sample than it actually may be.

For the most part, when you are pulled over and arrested for drunk driving and submit to a blood test, the results from such an analysis could potentially be false. You only end up having to fight the charges leveled against you that are more often than not based on false evidence. Before this can happen, it is appropriate to hire a drunk driving accident lawyer to protect your rights. Your lawyer will have the resources to challenge any inaccurate sobriety tests that could otherwise jeopardize your future.