Contesting Blood Test Results From a DWI

Stephen H: Hello, my name is Stephen Hamilton. I’m a board certified criminal defense attorney in Lubbock, Texas. I practice in Lubbock and the surrounding areas, and today’s video tip is what are the concerns or the areas of challenge if you’ve been arrested for a DWI and you gave a blood sample? You can basically break it down into three areas. One, the person who took the blood. So was that a nurse or an RN or an LVN? Did they do it correctly? That’s the first area of concern with a blood test. Second, what about the actual sample tube itself? Did it have the right preservatives and chemicals? Blood ferments in alcohol. So what they really want to know, they being the state, is what was your blood alcohol concentration at the time that they arrested you? If you don’t have the proper amount of the proper chemicals in the sample tube, then the blood is going to continue to affirm it or increase the alcohol level.

Stephen H: It doesn’t matter what the level is when the bloods tested two or three months later, what matters is what is the blood result in dealing with alcohol at the time of driving. And so we need to check and make sure that the proper chemicals in the proper amount where there and your blood alcohol didn’t increase because of the lack of those chemicals. And the last we want to look at the blood test itself, the lab that did it. We want to look at their certifications, if they have any problems. For example, Houston crime lab has been notorious in having problems with their blood testing. We want to get all of the data from your particular blood test, and I’ll give all that data to you when I’m on board so that we can look at it or have an expert of our own review it to make sure that everything was done correctly.

Stephen H: It is absolutely imperative if you’re charged with a DWI and you have a blood test result that these things happen because otherwise some DA someplace is going to look at this number and tell you, “Well, you have to be DWI because your blood test is above the legal limit.” Now is the time to start looking at the actual blood test to see if it’s correct or incorrect or if there’s issues that we can challenge in court.

Stephen H: If you have any questions at all dealing with your blood test, call me. My office number is (806) 794-0394. Set up a time. Come in. We will go through your case and your blood test and look at those issues specifically to you. That’s it for today. I appreciate you watching. My name is Stephen Hamilton and I hope you have a great day.

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