How Do I Get My DWI Blood Test Results?

Measuring blood alcohol content is more involved than you may think. Different approaches are possible, even though breath testing is the most common method used to determine a person’s blood alcohol content or BAC. However, breathalyzer tests do not always give the same results as blood tests. Therefore, this variation can have important consequences for you if you’re facing a charge and need a DWI lawyer.

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When Blood Testing Is Used for DWI

While officers often use breathalyzers during a DWI arrest, blood tests may be possible if the driver has a respiratory condition, is physically hurt, or law enforcement officials do not have access to a breath-testing device.

Chemical testing may be administered up to three hours and 45 minutes after an arrest. Blood tests show both alcohol and drug test results. Your lawyer may question some aspects of the lab analysis after the fact, but the law does provide consequences for refusing a test.

In North Carolina, for example, the implied consent law requires drivers to submit to chemical testing (a blood test or breathalyzer) after an arrest. Refusing a test results in instant license revocation and other penalties. Authorities can also use a refusal to demonstrate you were guilty of DWI.

Always Talk to a DWI Criminal Defense Lawyer

That’s why you must consult a DWI lawyer. They can protect your future and constitutional rights when you’re arrested for DWI. Moreover, a criminal defense DWI lawyer can build a strong DWI defense by getting your blood test results, reviewing the chain of custody, or checking for issues forensically. With the help of an attorney, you can safeguard your rights and ultimately realize a better outcome.

Getting Blood Test Results Through Your Defense Attorney:

Medical technicians are analyzing blood test results for COVID-19 due to the virus’s recent resurgence.

*Discovery Request: Your attorney will file a formal discovery request when the prosecution demands access to the evidence (including blood test results) for your DWI.
Court Order: If the prosecutor does not readily share the findings, your attorney might need to submit a court order compelling the other party to release the evidentiary findings.
Independent Analysis: Your attorney might arrange a separate analysis at a lab to test the accuracy of the blood sample.
Expert Review: Your attorney may also hire forensic experts to review testing processes and identify possible problems.

*A discovery request involves a process where your attorney requests evidence that the prosecutor plans to use against you in your criminal trial. The request may include lab notes, the qualifications of the person who performed the test, and supporting documents related to testing.

Supporting documents may include chromatography Information from the blood test analysis and details about other specimens tested in the batch.

Besides blood testing, your attorney may also request evidence from a breathalyzer test, such as the final result, calibration information, and checks for accuracy. Other information may include notes or police reports from officers involved in the arrest and case.

Determining Chain Of Custody:

The chain of custody refers to documenting the movement and handling of evidence from when a blood sample is collected until it is presented in court. The process should be done meticulously so no one questions its integrity at a later date. Your lawyer may question this process by:

Requesting Documentation: All paperwork tracking the blood sample from collection through testing and storage may be requested.
Interviewing Witnesses: Anyone handling the sample, such as the arresting officer(s), medical personnel, and laboratory technicians, may need to be deposed or interviewed.
Reviewing Protocols: Were proper procedures followed at each step, including labeling, sealing, or storing?
Identifying Gaps: Were there any breaks in the chain where a sample’s integrity might have been compromised?

Addressing Forensic Issues:

A team of three forensic experts collects evidence at the crime scene.

Certain scientific methods are necessary to analyze blood samples in a lab setting. Therefore, the methods used can impact the outcome if forensic professionals do not properly perform them. A DWI criminal defense lawyer can review the steps as follows:

Testing Methods: Were scientifically accepted and legally approved methods used?
Equipment Calibration: Was all testing equipment adequately calibrated and maintained?
Analyst Qualifications: Was the person who performed the testing qualified, and did they possess the appropriate credentials and competence?
Sample Handling: Was the sample stored properly analyzed within the required time frame?
Potential Contamination: Were there any factors that may have compromised the sample’s integrity, e.g., the use of alcohol-based sterilizers during the blood draw?

Margin of Error: What is the margin of error in the testing method used? How can it apply to your case?

Also, your attorney might;

Consult forensic experts for result interpretation and detection of an anomaly.
Challenge the admissibility of the evidence where proper procedures were not followed.
Question the reliability of the results based on identified issues with handling or analysis.
Investigate alternative reasons behind high BAC readings, such as medical conditions or the timing of alcohol intake.

By reviewing the process thoroughly, a defense lawyer can find weak points in the prosecutor's argument. If chain-of-custody or forensic procedure errors are identified, it may lead to a dismissal of your case.

Measurement Considerations

Alcohol law enforcement refers to the measures taken to regulate and control the sale, distribution, and consumption of alcohol to prevent alcohol-related harm.

Often, blood tests happen after an accident or arrest. Therefore, in some cases, a blood test’s accuracy may be jeopardized by treatments administered after an accident, some of which may require antiseptics for skin sterilization. Moreover, medical interventions may entail dispensing various fluids and drugs, which can also affect a measurement.

Physiological factors may also impact the accuracy of a blood test.

Your lawyer may also investigate:

The relationship between the timing of the drinking and the arrest and subsequent analysis.
Any medical interventions made before collecting a sample, such as transfusion therapy.
The specimens tested, such as whole blood vs. plasma, including processing procedures applied after the test.
The custody chain followed when handling the specimen, including methodological steps taken during the investigation.

Contact a DWI Criminal Defense Lawyer About Your DWI Case Right Away

It’s imperative to seek legal advice when you’re arrested for DWI. Therefore, make it a priority to contact a DWI criminal defense lawyer without delay. Make sure a defense professional protects your rights so you can receive the best outcome after a DWI arrest. Call a criminal defense lawyer today.