The Law Offices of Jason Trumpler

Potential Flaws in Blood Alcohol Tests

Jan 22, 2014 @ 04:21 PM — by Jason Trumpler, P.C.
Tagged with: Dui Criminal Law

Of all the tests administered to determine a person’s sobriety, the most accurate and scientifically valid is the blood alcohol test. However, this does not mean that the test is perfect, and it certainly does not mean that the people who administer the test and handle the blood samples are immune from making mistakes. At the Law Offices of Jason Trumpler in Austin, blood alcohol tests are often called into question in order to present the strongest, most compelling DWI defenses on behalf of our clients.

Criminal defense attorney Jason Trumpler has extensive experience in handling DWI cases, and he has an impressive record of having DWI charges reduced to lesser charges or dismissed altogether. He has an intimate understanding of Texas state laws and uses this understanding to the advantage of his clients. If you are facing DWI charges, he can help you achieve the most favorable outcome possible given your circumstances. If there are flaws in the blood alcohol test that was administered to you, he will identify them and use them as part of your DWI defense strategy.

The Integrity of the Blood Sample

For a blood alcohol test to be accurate, it is essential that the blood sample be identical in its condition at both the time of its collection and the time of its analysis. This requires that meticulous care be taken at every stage of the blood alcohol test, from the moment the blood is drawn.

There is a reason that blood is drawn by highly trained experts in medical settings. Errors in collecting blood can seriously compromise the results of the blood test, leading to false positive analyses in many cases. The people who draw blood for blood alcohol tests, however, are generally not all that well trained and do not have medical backgrounds. While there are exceptions, most of these people do not have the knowledge or experience to draw blood as carefully as is necessary to ensuring accurate results.

Likewise, the failure to store blood in a proper and timely manner can lead the blood to become fermented. This fermentation process is identical to the process by which alcohol is created. Even the smallest delay in storing blood properly can lead to elevated levels of alcohol in the collected blood versus the actual levels of alcohol in the blood at the time it was drawn.

Scientifically Questionable Practices

Many law enforcement forensic laboratories do no report the range of error associated with their method of testing blood. Indeed, many of the methods they use for testing blood alcohol levels are scientifically questionable. Some methods do not distinguish between compounds similar to alcohol and alcohol itself. Poor record-keeping and organization compound the likelihood that errors were committed. DWI defense attorney Jason Trumpler knows how to identify and bring these mistakes into the light on behalf of his clients.

To learn more about potential flaws in blood alcohol tests or to arrange an evaluation of your DWI case, please contact the Law Offices of Jason Trumpler, PC, today.