How can I challenge my blood test results in my DWI case?

Challenging Your DWI Blood Test ResultsIn North Carolina, a conviction for driving while impaired (DWI) comes with very harsh penalties, such as large fines, a jail sentence, and suspension of your driver’s license. In addition, DWI is a misdemeanor offense in North Carolina and a conviction would result in a permanent criminal record. Fortunately, there are defenses to these charges that you could have even if you are guilty of driving when intoxicated that may result in the charges being dismissed or reduced to a less serious offense. One powerful defense may be to challenge the results of your blood test.

Blood Tests in North Carolina DWI Criminal Cases

In North Carolina, police officers are permitted to obtain the amount of alcohol on your breath or blood as evidence to be used against you in a DWI case. The amount of alcohol on your breath is tested through the use of a breath testing machine, and the amount in your blood is tested through a blood test. If you do not consent to this testing, the police would need to obtain a warrant to conduct the test, which they would often obtain. However, under North Carolina’s implied consent laws, you imply consent to this testing and would face harsh penalties for refusing the test, such as automatic revocation of your driver’s license and your refusal being used as evidence in your DWI case.

Common Challenges to Blood Test Results in DWI Cases in NC

A blood test is conducted by drawing your blood and testing it, and it tends to be the most reliable testing procedure. However, this does not mean that the results are always right. If you are successful in challenging the result, the prosecutor may not be able to use the most important piece of evidence against you, and the charges against you may be dismissed. Questions regarding the reliability of the tests may also help to obtain a more favorable plea agreement where the charges are reduced to a much less serious offense.

There are a number of defenses to blood test results, and which one is applicable in your case will depend on your facts. Your experienced DWI attorney will be able to identify the best defenses in your case. Here are some defenses that may apply to your case:

  • Lack of qualifications. The person administering the test must be qualified to do so. Your attorney can examine the training and experience of the person who administered your test to see if this is a basis for a defense. Even if the person was qualified, if there are other questions of his competency, such as cases of his falsifying records, this could lead to challenging the use of the blood test against you.
  • Chain of custody. In DWI cases, the police are required to follow specific guidelines in handling the evidence—including the blood drawn from you and your test results. To ensure that they were not tampered with, the police must account for them at all times or the chain of custody may be broken. Mislabeling the test tube or misplacing it for a period of time are two examples of when the chain of custody might be broken. If the chain of custody is broken in your case, the blood test result could be excluded from evidence in your criminal case.
  • Calibration. Blood testing machines often need to be calibrated, like breathalyzers, to ensure that they work properly. In some cases, the calibration of the equipment used in a blood test may not be properly done and could lead to an error in the results. In this situation, the test results could be excluded or the accuracy questioned.
  • Storage. Blood samples must be properly stored or it can result in elevated error rates. The yeast, sugar, and bacteria in the blood can ferment if not stored correctly—which can lead to inaccurate test results. If your blood sample was improperly stored, the results may be inadmissible.

Let Us Help Raise All Your Defenses in Your DWI Case

Were you charged with DWI? Our experienced DWI defense attorneys are here to help you aggressively fight the charges you face. We have the added benefit of being former prosecutors so we understand how they approach these cases. To learn more about how we can help you build a strong defense, call our office today to schedule a free consultation.

 

Our Approach To DWI Cases

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Simply being charged with DWI in North Carolina often results in your driver’s license being revoked for a minimum of 30 days. However, we can typically get your driving privileges reinstated almost immediately. We do this by either, first, challenging this civil license revocation, or second, getting you a limited driving privilege.
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Whether you realize it or not, a considerable amount of evidence exists regarding your DWI charge, much of which is vital to an effective defense of your case. We will review your court file, subpoena necessary documents, videos, and notes, and file the appropriate pretrial motions in a timely manner.
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As former prosecutors, we are aware of all the potential defenses that may be available to you. We do not automatically assume you intend to plead guilty and face the harsh consequences associated with a DWI conviction. We pledge we will examine every possible defense and take your case to trial if it is in your best interest.
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While it’s our goal to win every DWI case we have, it’s simply not possible for any attorney to win every time. If you are ultimately convicted of DWI, we will help you take every step possible to reduce the potential penalties, such as avoiding jail time, keeping you driving, reducing monetary costs, and more.
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