When arrested for driving while intoxicated or driving under the influence of alcohol or drugs there are many scientific factors to consider. Call the Law offices of Christopher P. James 24 hours a day for a free strategy session, helping you sort out a defense plan and starting you on the path to thorough and aggressive representation.
Why do police give you a blood test?
- They think the driver is under the influence of something other than alcohol; most drugs, prescription or illegal, cannot be detected through a Breathalyzer.
- No Breathalyzer was available.
- The driver cannot give an accurate breath sample.
- Driver requests blood test instead of the Breathalyzer
Blood tests can be challenged…
An experienced D.W.I. and D.U.I. attorney like Christopher P. James, familiar with all the special procedures and regulations, will investigate to see if all were followed and seek grounds for throwing the test out if warranted. It is also your right through the Virginia Code to request an independent analysis of the blood sample, separate from the one sent to the Virginia Department of Forensic Science. Mr. James will also check the chain of custody procedure-who drew the blood was it properly done in accordance with the law and by the qualified parties using the required methods.
Specific procedures outlined in the Virginia Code must be followed for the blood test be admitted into evidence. Such as:
- Regulations as to who draws the blood
- How the blood is held and transported to Department of Forensic Labs to be tested; “Chain of Custody,” which is complex and must be followed to the letter
- If one link in the chain is broken or compromised, the blood test may not be admitted as evidence
This can get very complicated and there errors are regularly made by law enforcement, particularly if they tested someone who needed to be transported to the hospital in an emergency situation following an accident. Contact the Law Offices of Christopher P. James in Prince William or Fairfax to beat the blood test; know that failing a blood test does not mean an automatic conviction. Also serving Loudoun County, Fauquier County and Alexandria , Arlington and Falls Church.