The most common mistake is that the blood draw isn’t done properly. I’ve handled cases in which they poked the individual 10 to 15 times without re-sanitizing the needle or doing the proper preparation of the skin surface, and I have handled cases in which the officer’s claims defied all proper procedures and they took 10 ml of blood rather than the 3 ml taken and given to the lab according to testimony, which raises the question of what happened to the other 7ml. We just try to find a flaw in the procedures that have to be done so as to create a question of doubt.
Yes, definitely. If someone can convince the jury that a mistake was made on a blood draw and the evidence was not credible, they could basically hold that the person was not intoxicated. This doesn’t happen very often, but it does happen every now and then.
Sure; every aspect of a DWI defense needs to be explored.
The most difficult aspect of a blood draw case is the fact that the officers have evidence that the person was intoxicated, such as the test showing the BAC, or blood alcohol content was above 0.08, which is presumed to be intoxicated under the law, which means the person has to beat that presumption.
Yes, it could affect the case to a degree because they will have look at everything. It may help with negotiations down the road if the person cooperated, but if not, the DEA would use that against them to show they were intoxicated, so it’s not in the person’s best interest to resist.
No, it won’t affect the degree or the offense.
The person has no choice regarding that and they will just tell the person they should have just blown.
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