Four Ways to Beat a DUI Blood Test in Williston, ND
In North Dakota, law enforcement have the option of demanding either a blood test or a breath test (Intoxilyzer 8000). This free article will explore your defenses to a blood BAC test. The attorneys at Chapman Law have defended hundreds of DUI cases involving blood tests over the limit of 0.08 BAC. We have listed some of the more common, successful defenses to this type of alcohol test in Williston, ND.
1) Blood test was not obtained within two hours of driving. This issue most often arises in cases involving crashes or accidents. If law enforcement delay too long in obtaining your blood, you may have a defense. The police only have a two hour window to draw your blood after time of driving. If they obtain it later than this, the blood sample evidence may be excluded from the DOT hearing. In a criminal trial, the evidence may no longer be “per se” proof of DUI even though the jury may still consider it. An experienced Williston, ND lawyer can help you see if this defense applies.
2) Inappropriate equipment used. The State Crime Laboratory issues blood test kits. These kits are designed to be uniform and accurate. However, sometimes police or medical staff will use items that are not part of the blood draw kit. For example, sometimes they will use a swab that is not part of the official kit. If an alcohol-based swab is used, it may introduce alcohol into the test tube, which would artificially raise your blood results.
3) Sample contaminated by rough handling. Blood samples are very delicate, mishandling can quickly ruin the accuracy of your blood alcohol results. For example, if the tube is shaken, it may tear open the membranes of your red blood cells. This releases extra alcohol into the sample and your sample may start to resemble plasma — plasma has a higher blood alcohol content. This would be an unfair development which could increase your BAC results upward.
4) Sample contaminated failure to mix preservatives. Another situation we see is where the chemicals in the blood tube are not properly mixed. Every test tube is supposed to contain anti-coagulants and preservatives. These keep your sample from fermenting or otherwise spoiling. If the nurse does not properly mix or invert the tube, your blood sample may begin to clot. When it clots, the sample can begin to ferment and produce alcohol. This would unfairly raise the alcohol content in your blood, and might make you appear over 0.08 BAC when you are actually sober.
Contact the Chapman Law Office today at 701-572-3966 for a free consultation on your DUI or criminal case. Our lawyers will explore possible scientific defenses to your blood alcohol results. We are based in Williston, North Dakota.
