Anyone arrested on suspicion of drunk driving in New Jersey is required under the state’s implied consent law to submit to a chemical test to determine blood alcohol content (BAC). However, blood tests and other chemical tests used in driving under the influence investigations can be successfully challenged. A New Jersey DWI attorney who focuses solely on defending DWI / DUI cases will aggressively attack the driver’s blood test result as part of a comprehensive defense strategy.
Blood tests in DWI / DUI cases can be challenged in several ways. The first step in determining the best challenge involves questioning the way in which the test was conducted. Blood tests aren’t infallible, and neither are the technicians who draw and analyze the samples.
To properly conduct a blood test, the technician must draw the sample into a glass tube with white powder in the bottom consisting of anticoagulant and preservative. If the tube doesn’t contain the proper amount of anticoagulant, the blood will clot, reflecting an artificially high BAC. If the amount of preservative is incorrect, the blood sample can actually ferment, creating alcohol. Independent testing by a defense expert can reveal these kinds of errors.
Blood samples should only be drawn by individuals with the proper certification, and the driver’s arm must be cleaned with an alcohol-free wipe. Once drawn, the sample must be thoroughly shaken to distribute the anti-coagulant and preservative. The sample should be stored in a controlled environment in order to preserve its quality.
Establishing a “chain of custody” for a blood sample in a NJ DWI / DUI case is essential in order to fully understand who had access to the sample, and how it was stored. An experienced New Jersey DWI lawyer at Levow DWI Law will seek out records pertaining to the accused driver’s blood test to determine whether the sample was properly handled.
Ultimately, a blood test result that shows a BAC of .08 percent or greater doesn't automatically equal a conviction. Blood tests in drunk driving cases can be successfully challenged. A New Jersey DWI defense lawyer will challenge a blood test result with a proven defense strategy designed to create reasonable doubt in the driver’s guilt and keep negative consequences to a minimum.
The lawyers at Levow DWI Law have extensive training in blood testing and forensic sciences. They have attended national seminars on blood testing. Evan Levow has been a speaker at seminars across the state and the country on forensic blood issues.
Evan Levow represented the defendants in the foremost blood testing evidence cases in New Jersey, State v. Renshaw and State v. Kent. In those cases, protecting his clients Sixth Amendment rights to confront the witnesses against them, Mr. Levow set the standard for New Jersey blood testing cases to compel the state to present required testimony of the phlebotomist who drew the blood and the lab technician who tested the blood.
Please contact us today to discuss your case. Call Levow DWI Law at (877) 593-1717.