Although blood tests are significantly more accurate in a DWI case than a breathalyzer test, the prosecution has a higher burden of proof in these cases. Here’s how that may work to your advantage when defending your rights and fighting a DWI charge.
If you’ve had a blood test after being arrested for a DWI, prosecutors must prove the following:
The Blood Test Was Taken by a Medical Professional
In order for the results of your blood test to be considered valid, the prosecution must prove that it was taken by a trained medical professional, such as a doctor, nurse, or phlebotomist. They must also be able to show that the individual who did your blood test was certified in their profession.
The Medical Professional Followed Proper Procedures During the Administration of the Blood Test
The prosecution in your case must also prove that the medical professional followed protocol during the blood test. This can be difficult to prove. If the medical professional skipped any steps or mishandled the blood, your BAC results may be thrown out of court.
The Chain of Custody Remained Unbroken
If both of the above criteria are met, the prosecution must then follow the chain of custody from where the blood was taken to the testing facility. They must show each time the blood sample changed hands and ensure the chain of custody remained intact. If the chain of custody cannot be proven, the sample may be omitted from court as evidence against you.
Hiring an Attorney to Fight a DWI Charge
If you are arrested for drunk driving, hire an attorney to defend you. Contact New York DWI lawyer Mark Cossuto today for more information on how fighting DWI charges, especially if a blood sample was obtained. Attorney Cossuto is dedicated to the zealous and aggressive defense of each of his clients. He will let you know where you stand at each stage of your case.
Contact the office today for a consultation to discuss your case in detail and to learn more about your legal options. Call (718) 852-8047 or (800) 609-4545.