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Blog Post

Cases Involving Blood Tests

Posted by: Nicole DeBorde
September 17, 2009
Topic: DWI Issues

Recent changes in DWI laws have led to the drawing of blood where law enforcement suspects that a driver may have been drinking.  In the past, the drawing of blood was reserved for cases where accidents involved serious injury or death, such as in cases of suspected intoxication assault or intoxication manslaughter.  Now, however, blood is being collected even from citizens who have not been involved in an accident.  Some of these cases involve search warrants which are issued for the collection of the blood, and some cases have no warrant at all.  Another change we are seeing is the way that blood is collected.  In times past, blood was collected either at a medical facility or at a law enforcement facility by someone who was supposed to be trained in the collection of blood.  Now, there is a push toward collecting blood from citizens on the side of the road when the person is suspected of driving while intoxicated or driving under the influence (DWI or DUI).

Aside from the obvious safety concerns with this new push toward roadside blood collection, there are many potential legal problems with these cases. Anyone charged with DWI as a result of a blood test would be wise to considert taking the fight of their case all the way to trial.  An experienced attorney should be able to scrutinize the process from start to finish.  For example, if there was a warrant, is it a good one?  Was the blood collected, stored, transported and tested properly?  One looming concern rests with the collection kits themselves.  Many of these kits will sit in hot patrol car trunks.  Certainly, the integrity of the contents of the storage viles could become compromised in circumstances where the kits are not maintained.  Without good collection procedures and proper handling, a lab cannot possibly have a scientifically reliable result to report to a jury.  A good lawyer should be able to analyze this type of evidence to determine whether or not the evidence should ever get in front of a jury.

DWI convictions can have life altering consequences.  Shouldn't you or your loved one have knowledgeable aggressive representation to make sure that sloppy, unreliable evidence does not result in a conviction?  Feel free to call us to discuss your case if you have a case involving an accusation of driving while intoxicated where the prosecution seeks to use a blood test as proof.


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