How to beat A Drug Dui
How to Beat a Blood or Urine Test in a DWI
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today I'm going to talk about blood and
urine tests especially with respect to
DWI cases you might think that if you
gave a blood or urine sample after a DWI
arrest that if the result comes back at
a point zero eight or more that you must
be guilty and it's not even worth
challenging but that's not right we've
had a lot of cases where we've actually
had samples retested by an independent
lab and lo and behold those results have
come back under a point zero eight or
under a point two zero whatever the
relevant part is that could make a huge
difference because it can lead to your
DWI getting dismissed or the charges
being lowered in your case and it can
also mean that your your revocation
times for how long you revoked under the
implied consent law can go way down or
even be undone and you might be able to
avoid being revoked at all for a DWI so
today I'm going to talk a little bit
about what things can go wrong and blood
and urine testing and what some
potential challenges are alright so
after you arrested for DWI the officer
if they don't ask you to take an intox
eliezer test they'll ask you to take
give a blood or urine sample first of
all you've got the right to reject one
and then take the other so if they ask
you for a blood sample and you're afraid
of needles you can say no thank you and
then they have to offer you a urine test
otherwise they can't charge you with a
refusal if they offer you for urine
sample and you'd rather give blood
because you think that's more accurate
or something then you can elect to have
to give a blood draw in either case you
also have the right to consult with a
lawyer if you can get a get a hold of
one in time before you make that
decision all right well when you give
your sample there's important things
that we look at as lawyers to determine
whether or not we can attack the
validity or integrity of that sample and
sometimes we can keep test results out
before a case ever even goes to trial
and another thing we can do it in that
case then the jury never hears that she
even took one of those tests or that you
were over the limit and that's important
and then in the other example if the
test doesn't cut keep out we can still
cause reasonable doubt as to whether or
not the test is reliable especially if
we have a good retest that suggests that
the first test wasn't done properly well
the first thing we look at is whether
the officer followed the correct
protocol when requesting that you give a
sample and those are things like what
was the environment sterile was the
the container whether that's to the two
blood vials they they use or the cup for
the urine was that tampered with in any
way or was it unsealed was it expired
things like that
second we look at whether or not there
was an anticoagulant
powder in the blood example and the
preservative in the blood vials as well
as the urine cup third we look at again
whether there was a sterile environment
while at the time that your sample was
taken either when you were urinating or
if the nurse or phlebotomist or EMT
properly swab her arm with the right
material and whether that was done at
the right time there are actual
collection procedures that have to be
followed and if those procedures aren't
followed the correct way that can
compromise the integrity of a test and
then when that when the sample is
collected certain things have to be done
it has to be sealed the right way it has
to be mixed with the preservative in the
anticoagulant the right way generally
you're supposed to seal the samples and
that's supposed to be sealed or I'm
sorry initial the samples and that's
supposed to be done right in your
presence while it's sealed and then we
deal with chain of custody what happens
to the sample after it's all sealed up
that the officer care for it in the
right way by refrigerating or freezing
it or making sure that the protocol was
followed the correct way there
the next question is then how does it
get to the crime lab where it's
ultimately tested and was that all done
the right way and then once it gets to
the crime lab number one it was the
chain of custody followed if the
government can't show that there's a
proper chain of custody for a sample
onion bring up bring forward everybody
that ever had their their hands on the
sample that can lead to a test not being
admissible against you which is a great
thing for your case also then of course
we get into the testing method did the
BCA analyst test the test the sample the
right way were there any flaws and that
was there any storage problems was there
any contamination did they see anything
wrong with the sample itself we have a
forensic toxicologist look at those
samples to determine whether or not are
the reports rather to determine whether
or not there are any errors on the face
of the report and then what we like to
do is of course make that sure the
sample is preserved and oftentimes we'll
get a retest of a sample by an
independent lab to determine whether or
not the sample that was tested that
accuses you of being
over a point zero eight or over a point
two zero is valid and like I said a lot
of times these three tests come back
lower that's important because if all
the protocol was followed by the
crime-lab then there's no reason that
the blood-alcohol level should dip in
your urine or blood sample in other
words because there's a preservative in
there and if all the other protocol is
followed right that result shouldn't
change so if there is a difference at an
independent lab testing and they've
followed their protocol the right way
then why should the crime labs result be
any more believable than an independent
labs result especially when the
independent lab is an approved lab by
the crime lab and those are a lot of the
challenges just short examples of the
challenges that we could make to blood
and urine testing these can make a large
difference in your case and give you a
better outcome if you have any other
questions my name is Brian Pacita you
can call me at six one two three three
nine five eight four four or visit my
website at WWF statements or accom
that's w WS t MN com
