DUI Blood Test
Most people tend to assume that the examination of a person’s blood is the most trustworthy method of establishing that individual’s BAC or blood alcohol concentration. Even though it may sound about right, actually collecting, preserving as well as examining the blood sample could have a significant impact on how accurate the testing really is.
When an individual is arrested for driving under the influence, the arresting law enforcement officer will advise that person of the right to choose between a blood or breath examination. Despite the fact that most police officers are commonly trying to dissuade the arrested individuals from choosing that form of testing, you have every single right to have your blood sample drawn, unless, of course, there is no way to draw the sample safely and without a substantial delay.
Once a person is arrested, the law enforcement officer will generally take the arrested to the local station, nearby jail or medical facility in order to draw his or her blood. The law of Washington requires the individual that draws the blood to have all the necessary qualifications – it should either be nurse or a phlebotomist. The blood sample needs to be collected in a manner that was medically approved and the collection itself needs to be witnesses by the law enforcement officer that performed the arrest to begin with. When the blood is collected, the technician will either retain custody of the collected sample himself or will provide the sample to the arresting officer so that it could later be put into the evidence locker or special refrigerator for the future intervention of the crime laboratory.
Despite the fact that the law of Washington requires that the blood samples need to be collected in a medically approved manner, there are plenty of cases when the law enforcement agencies, such as the Washington State Troopers, are summoning blood technicians straight to the side of the road in order to collect the sample. Hence, it raises questions on how reliable this organic substance that is being collected from the human body, really is in the environment that is filled with chemical fumes as well as gasoline.
Blood is actually an organic compound and it begins to degrade right when it departs from the human system. In order to slow or manage the process of degradation, special evidence test tubes are containing a certain amount of preservative. The technician that is collecting the blood sample will need to shake the vial in a vigorous manner in order to mix the blood with that very preservative. Otherwise, the sample could easily start to degrade and will make the analysis unreliable to say the least.
The DUI team within our criminal defense law firm is great at examining the whole blood collecting process. We have plenty of experience as well as all the skills that are necessary to review the way the blood was collected as well as the way in which it was tested.