In cases of drunken driving, it is almost certain that the driver in question will be submitted to some form of blood alcohol testing. This can be done in the form of breath testing, urine testing or blood testing. The latter is considered to be one of the most accurate forms of testing; however, it is not completely without fault. There are several different factors which can ultimately affect the result of any given test - resulting in skewed or completely faulty results. For this reason, it is extremely important that if you have been arrested for a DUI and been told that you "failed" the blood test that you do not hesitate to consult with an experienced Boise DUI lawyer. They may be able to help challenge the evidence.
In Idaho, there are strict guidelines as to how blood tests may be performed on any given day. These are outlined under Idaho Administrative Code Chapter 11D-8. For example, it is explained that before the blood test is given, the technician must cleanse the area with a solution that does not contain any trace of alcohol; this is different from routine blood tests as any alcohol-based cleanser could potentially contaminate the test. It is also specified that whoever takes the sample must be properly trained and/or certified; for example, it could be done by a physician, paramedic or someone authorized by the hospital.
Storing the blood must be done in a glass tube that contains the correct amount of preservatives and anticoagulant to ensure the sample is not contaminated. Immediately following the drawing / storing of the blood, the technician must invert it to properly mix it with the preservatives and anticoagulants within the tube. It must then be labeled with the name of the person, the date and time when the sample was taken, as well as the name of the person who took it. If the sample is going to be analyzed within seven days, it must be refrigerated. Within 30 days of the sample being taken, it is required that it is hand-delivered or mailed for analysis. If mailed, it must be done overnight, priority or an equivalent.
The Idaho Implied Consent Law under Idaho Statutes §316.1932 (2012) explains that any person who is legally allowed to drive in the state has therefore given their consent to submit to any chemical or physical test to determine their blood alcohol level. Put simply, if you have a driver's license and are pulled over during a traffic stop, you do not have the right to "refuse" the breath or blood test if the officer has reason to believe that you have been driving under the influence. If you do refuse, it could be considered admissible in the court of law as evidence; should it be done two or more times, it is a first degree misdemeanor.
If you have been involved in a DUI accident that resulted in either serious bodily injury or the death of another person, law enforcement is permitted to forcefully withdraw blood. Even if you refuse the test, the officer has the right to use reasonable force. If you are unconscious after the accident, the law permits that you have not withdrawn your consent and therefore a blood test may be lawfully administered - even if you were not told of your rights or the fact that failure to submit would result in a driver's license suspension.
Although more accurate than field sobriety, there are still errors that can occur during blood tests that can allow for a defense attorney to attack on your behalf. The first is the possibility that the blood has been somehow contaminated. As explained above, Idaho law is specific on washing the draw spot with a cleanser that does not contain any alcohol. What if there was a mix-up? What if something as simple as swabbing your arm with an alcohol-based solution resulted in a faulty reading that showed a BAL way above the legal limit?
Second, your attorney could look into the possibility of a broken chain of custody. If there was a mix-up with the labeling, delivery or handling of the blood, it could potentially cause your name to go one someone else's vial or for you to be handed the results of someone else's test. Third, if the blood was not properly stored or not properly mixed with the proper preservatives and anticoagulants, it is possible that the blood could become fermented; this could completely throw off the reading of the sample and result in "bad blood."
If you are facing a DUI case involving a blood test, you need an attorney on your side that you can trust - someone who can go above and beyond in their efforts to defend your legal rights. For help you can count on, turn to the lawyers at Boise Advocate, P.A. today. With over two decades of aggregate lawyer experience, our firm has proven to be high-quality advocates for the rights of our clients. To learn more, pick up the phone and call us as soon as possible.