Defending DWI Blood Alcohol Tests
Are you worried about being arrested for DWI? Getting an attorney to help with defending DWI blood alcohol tests might be your ticket to justice. In New York State, the police are permitted to request that a motorist give blood to test for alcohol. If you have given blood after a DWI stop, hiring a lawyer who understands New York DWI law and will challenge all DWI blood test results is the next step.
Defending DWI Blood Alcohol Tests | Premises
The following are typically some premises on which your lawyer will challenge DWI blood test results.
- Was the blood drawn by an authorized person?
- Was the blood drawn in a medically acceptable manner?
- Was the blood sample preserved properly prior to testing?
- Was the laboratory technician that performed the tests on the samples qualified to do so?
- Was the equipment used to test the blood sample certified and in proper working order?
- Will the prosecution bring into court to testify at your trial the person that drew the blood?
- Will the prosecution bring in to court to testify at your trial the person that tested the blood?
Defending DWI Blood Alcohol Tests | Blood Alcohol Urine Tests
In order for the results of a DWI Urine test to be admissible in a New York court, the police must follow certain procedures:
- The arrest must be based upon probable cause;
- The police must properly warn against the legalities of refusing to submit or provide a urine sample;
- The urine sample must be properly identified;
- The sample must be properly tested;
- The instruments that assist in analyzing the sample must be certified and in proper working order;
- The test must be performed by a trained and certified technician, chemist or scientist;
- The prosecutor must establish the chain of custody of the sample;
- The prosecutor must turn over the results of the test to your attorney in a timely manner.
If you want an attorney that is experienced in defending DWI blood alcohol tests, please call our NYC DWI lawyer Carl Spector today for a free consultation.