If you have been suspected for committing the DUI/DWI crime, you have to take certain tests that are necessary to prove if you are actually a criminal or not. One of them is blood test. It is done in order to check the alcohol level in your blood content. It has also been found to be inaccurate most of times as there are certain circumstances that can lead the readings and results towards inaccuracy.
So most of the times, this test is in the favor of yours. There are some defending tactics that can elevate the results. Top 10 of them are given here:
Top 10 Defenses Against DWI/DUI Charge
Contents
It is to mention that all of them are not applicable in every condition. It depends which one has to work on a particular situation. Anyhow, there you go:
1. Fermentation
After draw and before analysis, the formation of alcohol in blood vessels is one of those tactics. The example can be sodium fluoride preservative/critical delay between draw and analysis.
2. Blood clotting
If your blood gets clotted or coagulated, this can be beneficial for you.It is impossible to test a clotted blood in a laboratory with accurate results.
3. Contamination
The contamination (e.g. swabbing skin with Zephiran containing 2% ethyl alcohol) can cause chemical interference.
4. Wrong Blood Specimen
The chain of custody or the inaccurate blood specimen can also lead the results towards in-validness.
But for this you should be very careful as it is also a crime.
5. Improper Administration
The improper draw or administration of blood test can also read the results false. But for this you must be very clever and be careful.
6. Title 17
The failure to comply with the Title 17 is also included in the top 10 defenses. It is when the blood sample fails to get mixed with the anticoagulant and preservative.
7. Blood Test Analyst
An unqualified blood test analyst can produce false readings. Therefore, a qualified analyst is of extreme importance for this purpose.
8. Proper Prosecution
Another defense can be the failure of proper prosecution expert to appear in the time of trial.
9. Blood Test Record
If the blood test record was not made in the accurate time, it is not trustworthy.
The blood technician must be authorized for the work he is to do. Unauthorized technician can produce the false readings.