Contesting Your OWI Blood Test

If you were charged with OWI or prohibited alcohol concentration (PAC) after taking a blood test, the first thing your attorney will do is investigate its legality. There have been cases where law enforcement agents have obtained a warrant for a blood sample that wasn’t entirely valid or even failed to get a warrant when one was required. If this applies to your situation, your BAC reading may be dismissed and your charges could be dropped.

When performed, stored, or transported improperly, blood test results can be flawed; that’s why the police and medical personnel are required to follow stringent guidelines during the entire blood testing process.

To start, site of the blood draw must be cleaned thoroughly with alcohol-free sanitizer (solutions containing alcohol can lead to an inflated reading). Once the blood sample has been drawn, the proper mixture of preservatives and anticoagulants must be added to maintain its integrity. If the sample is not preserved properly, the blood can begin breaking down—and thus, “fermenting.” The vial must also be kept at the appropriate temperature to prevent the fermentation process.

To ensure that every step is followed, the sample’s chain of command must be well documented. If any link in this chain is missing, or a person who handled the sample does not show up to testify in court, an attorney may be able to successfully challenge the reading.