Fighting a DWI Blood Test

Many states now offer the possibility of a blood test to determine whether a person is legally intoxicated after being arrested on suspicion of the offense. The procedures for collecting a blood sample are governed by state law. Any DWI lawyer worth his fee will know that fighting a blood sample is not nearly as difficult as one would expect.

The biggest problem prosecutors face with admitting blood samples as evidence is that there is frequently a missing link in the chain of custody. The sample itself may be difficult to ‘track. ‘ When a blood sample ‘s custody cannot be tracked, the case frequently results in a dismissal or acquittal since there is the possibility that while the blood sample was absent it was contaminated. The other possibility is that the sample the prosecution maintains is the suspect ‘s is not. When it is not being guarded or watched, it is possible for a person ‘s sample to be switched with another person ‘s sample.

Another problem with blood samples is that they are sometimes not tested by a crime lab. If the sample was taken at a hospital because the suspect for the DWI was in an accident and ended up with a broken bone, the hospital may run the blood test. The method used by the hospital or other testing facility is frequently faster than that used by the crime lab. This speed sacrifices some accuracy which can lead to problems for the prosecution.

Contact a Dallas DWI Lawyer

If you have been arrested and charged with a DWI and gave a blood sample and would like information on fighting the charges and the blood sample, contact the Dallas DWI lawyers of the Law Office of Mark T. Lassiter at (214) 845-7007.


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