One of the most significant parts of almost any DWI or DUI case is chemical testing. While breath tests are perhaps the most common testing method used by law enforcement, they may also do blood tests if necessary. In any case of chemical testing, you may have an independent blood test performed to compare to the results from the police.
Generally, when a driver is arrested for a DWI or DUI and taken in for mandatory chemical testing, the police are required to inform them of their right to also have independent blood testing performed. You must be released so that you can go to a hospital and have blood drawn for testing. If the police refuse to allow you to go, they may be committing a serious violation of your rights, and you should inform your lawyer immediately.
Call the Lombardo Law Group at (856) 281-9600 and ask our Estell Manor, NJ DWI and DUI defense lawyers for a free initial case review.
What is an Independent Blood Test for DWI Cases?
After a driver is arrested for a DUI or DWI, chemical testing is required by law. Testing often includes breath tests, but blood or urine testing is also possible, and defendants have a right to independent testing.
An independent blood test involves having a physician of your choosing test blood samples for alcohol or other controlled substances after you are arrested for a DWI. It is possible that the physician’s test results contradict the chemical testing results of the police. You should assert your right to have an independent blood test as soon as you can.
When the police take you in for chemical testing, you may request an independent blood test. Typically, the authorities will conduct their own testing, but they must release you to have independent testing performed.
What Happens if The Police Do Not Allow Independent Blood Tests in New Jersey?
The police must allow an arrested DUI suspect the chance to have independent blood testing done. If the police ignore your pleas for independent testing or otherwise prevent you from having it done, your rights may have been violated.
According to N.J.S.A. § 39:4-50.2(c), you are permitted by law to have independent testing performed. Not only that, but under subsection (d) of this statute, the police are required to inform you of your right to independent testing. Even if they do not actively prevent you from seeking independent testing, it may be a violation of your rights that they failed to properly inform you.
You should also tell your lawyer if you did not know that you could have had independent testing done because the police never told you. Again, they are required by law to inform you of this right.
Why Have Independent Blood Tests Performed in a DWI Case?
Being arrested for a DUI might feel overwhelming, and you might think that independent blood testing is a waste of time and will not help you. In reality, having these tests done may provide you with the evidence you need to effectively fight the charges.
Chemical testing conducted by the authorities is not perfect. If independent blood tests yield results entirely different from those of the police, it might indicate some sort of error on their end.
Independent blood testing may also indicate that there is something wrong with law enforcement’s chemical testing equipment. Suppose your independent tests are extremely different from those of the police, and the police attest to having followed proper procedures when doing their chemical testing. In that case, our New Jersey DUI and DWI attorneys might argue that something could be wrong with their equipment, and their tests should not be trusted.
Blood testing is often more accurate than breath testing. Since breath testing is one of the most common forms of testing by the police, it is possible that your independent results will be more accurate and reliable than the police’s test results.
When to Have Independent Blood Tests Done for a New Jersey DWI Case
Alcohol does not remain in the blood for very long. Once a person stops drinking, alcohol will begin to dissipate very quickly. As such, chemical testing of the blood must be done quickly.
Blood tests should be done within a few hours of your arrest. Any longer and the test results become unreliable. If you want testing, the police are required to release you to a responsible third party, like your attorney, so you can go get testing done. If you wait too long to have testing done, the results may not be accurate.
If the police caused unnecessary delays and you could not get testing done for several hours or until the next day, tell your lawyer.
Possible Blood Testing Errors in DWI Cases
Blood testing is a scientific procedure that can easily go wrong. If procedures are not strictly followed, test results may be inaccurate. If we suspect that the authorities did not follow procedures, we may be able to fight the charges.
When blood is drawn and stored in a glass tube, the tube must contain anticoagulants to prevent the blood from clotting so it can be tested. If the technician drawing the blood did not use enough anticoagulants, the blood might clot, causing BAC results to be incorrectly high.
Preservative chemicals are also necessary to prevent blood from spoiling. If preservatives are lacking, blood could actually ferment and create more alcohol.
If the police conducted blood testing, which is more common in DWI cases related to drugs, they might have made these mistakes or others. Independent testing may provide us with better results that we can use to refute the DWI.
Receive Legal Help From Our New Jersey DWI Defense Attorneys Now
Call the Lombardo Law Group at (856) 281-9600 and ask our Linwood, NJ DWI and DUI defense lawyers for a free initial case review.
