Blood Tests

Assessments Indicating BAC Levels

In the state of New York, you may be required to take a breath, urine or blood test if you are arrested for any classification of DWI. A blood test is often administered if the results of a Breathalyzer test are inconclusive. Law enforcement officials, , may also request a test of your blood in an effort to collect stronger evidence against you in a DWI case.

While you may refuse to take any a blood, breath or urine test, doing so can  create potentially significant penalties under New York’s implied consent laws. By holding a valid driver’s license in the state, you agree to chemical BAC tests and may be fined or receive a license suspension for refusal. Additionally, a police officer may obtain a court order that does require you to take such a test.

If you’d like to learn more about laws concerning BAC tests, set up a case evaluation with a New York City DWI attorney by
Calling 212-500-3273

Learn About Blood Tests

It is important to be informed about blood tests because the result of this assessment is a key piece of evidence used by the prosecution against you. These tests must be taken within a two-hour window of when you were last driving. The assessments will usually be administered at a health care facility that a police officer has transported you to after a DWI arrest.

While these tests are seen as being more accurate than breath and urine assessments, there are methods for challenging the validity of BAC readings for a blood sample. Strategies for questioning the credibility of blood test results include:

  • Challenging the person who took the test — the professional who administered your test may not have been qualified to do so. Perhaps this person was insufficiently trained on how to use the equipment involved. It’s also possible that the person did not have a proper understanding of testing procedures, potentially resulting in a false positive.
  • Irregularities in the chain of custody — it is very important that the integrity of any blood sample be preserved, making it critical that the person who is responsible for transporting and storing a sample is vigilant. Any lapse in possession or storage protocols may result in spoiling or contamination that could lead to a person being wrongly convicted of DWI.
  • Inadequate or improperly maintained equipment — just as the devices used to administer breath tests can be defective or improperly calibrated, so too can the equipment that is used to take tests. Malfunctioning equipment can lead to heightened BAC readings.

These are only some of the ways in which the results of blood alcohol tests may be challenged in court. There is a range of other techniques that may be used in a DWI defense.

Finding The Legal Help You Need

If you’re like most people, you probably don’t have education or training in how to show that the results of a blood test are inaccurate. This can be a complicated process, and it is a job best left to a skilled lawyer who has experience contesting intoxicated driving charges.

An attorney working on your behalf will understand DWI laws influencing your case and will have an insider’s knowledge about possible drunk driving defense strategies that may benefit you. This professional can be a source of insight and support throughout the legal process.

Schedule a consultation with one of our New York City DWI lawyers by
Calling 212-500-3273