"Blood Test in DUI Cases"

A Blood test is yet another method that police employ to extract a BAC - Blood Alcohol Content - reading.

Tests - samples - are taken at a hospital, such as JFK Medical Center in Edison, New Jersey or Robert Wood Johnson Hospital in New Brunswick, New Jersey - by a qualified nurse, typically after a motor vehicle accident or when a suspect is so inebriated that he or she can barely stand or communicate.

In sample cases the State must prove that the sample was taken in a medically acceptable manner.

A suspected drunk driver does not have the right to prevent the taking of this test.

The defendant can even be restrained if he or she resists.

Defendants do have the right, however, to have their own independent tests done.

The biggest problem the State encounters with such cases relates to the integrity of the sample.

Next time you submit to such a test you should notice a white powder in the bottom of the tube where the blood is drawn.

That powder is a preservative.

If the amount of powder in the tube is not measured precisely or if it is not properly mixed then the test will not be accurate.

Also, it is often a week or two before the sample is tested and that sample can ferment and create artificially high alcohol levels.

When samples ferment they become unreliable due to bacterial growth which results in a higher reading than the true alcohol level

Hence, the State must show that the sample was not contaminated.

Finally, crime labs have mix ups with samples coming back different than the one drawn.

The bottom line is that in a blood sample case an experienced NJ DWI attorney investigates the integrity of the blood sample.

If you have or know someone who may have any legal questions related to DWI related blood test, please do not hesitate to contact us.