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Typical Questions in a Blood Draw Case

The main thing that I need to know when someone comesin, andreally the only information they can give me is what their drinking pattern was like, how much alcohol they consumed and over what period of time, when they started driving, when they were pulled over and what time the blood was actually drawn.

Any answers I need beyond that will be up to the crime lab or the police department to clear up, because everything else will be based on the analysis itself; whether the sample was mixed and storedappropriately, how long it took to get to the evidence refrigerator and things like that. That is information that the client won’t necessarily be able to answer for me.

How Do Blood Draws Weigh in Court Versus Breathalyzers and Standardized Field Sobriety Tests?

It depends on the prosecuting attorney, the judge and maybe even the jury, since blood draws are technicallymore accurate than breath machines, which have a larger built-in margin of error. However, a blood draw takes more time between that time of driving and the time of the test, and that length of time may help your case.

For example, if you blew a 0.08 for the preliminary alcohol screen and your blood came back at a 0.10 1 ½ -2 hours later, then you can argue a rising BAC, so that blood draw won’t necessarily hurt you. However, if you blow a 0.08 on a preliminary alcohol screen and take a chemical breath test 20-30 minutes later and you are a 0.083 thatcould hurt you, because you’ll be less likely to argue a rising BAC, since the two results are a lot closer in time. While blood samples are seen as more accurate, it depends on the circumstances surrounding the case as to whether it will help or hurt you.

What Is the Most Important Thing For Someone To Remember In a Blood Draw Case?

The most important thing is that the blood draw generally takes longer to get to from the time of arrest and that can help someone. The more time you had between the time of arrest and time of the chemical test, the better chance you give yourself to defend against the DUI charge. Most lab technicians will agree that a blood result does not provide the BAC level at the time of driving, but rather the BAC level at the time of the blood draw, so if that’s an hour and a half after driving, you have that to work with.

The law just happens to allow prosecuting agencies to presume that that is your BAC level at the time of driving, but there are a number of ways to work around that, including the standardized field sobriety test performance or preliminary screen result along with some other things. Blood tests are neither more, nor less difficult to work with than breath tests, they’re just different.

What Should Someone Ask a Lawyer In Regards To a Blood Draw Case?

Everyone should ask what the attorney plans to look for. If you’re going to spend money to hire an attorney, you don’t want to hire one who will just plead guilty, you want one who will investigate and find any holes and exploit them. With blood cases, obviously they want to get a copy of the chromatographs that were used that show the analysis, as well as a copy of the chain of custody, and if there is any video available to show how the test was done, that will help. It may be a good idea to subpoena the technician who analyzed the sample to see ifthere are any issues in that analysis.

ManyDUI attorneys I know have a mock blood sample vial in their office, which they use for demonstrative purposes, and I have one, too. It is basically packaged the same as a vial at the police station, with mock preservative in there, so I can show my clients what the vial should have looked like at the time of the blood draw. If they are going to hire an attorney and your blood was drawn, you need one who knows how to deal with blood cases.

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