For a DUI blood test to be valid, specific scientific procedures must be followed. Testing supplies must adhere to certain standards. When this is not done, test results can be compromised and ultimately called into question.
A mistake by a medical supply company highlights just why.
Recently, BD, the manufacturer of the most widely used blood alcohol test tubes, recalled 247,000 tubes because some of the tubes were missing a preservative powder. The purpose of the preservative is to ensure that the blood alcohol content does not change.
If the preservative powder in the tube is missing, scientific studies have shown the blood alcohol level would most likely come down.
It would only increase in a rare set of circumstances. So, a tube without a preservative would more likely hurt the prosecution than someone arrested.But BD’s recall notices have said the blood alcohol level could be “either falsely low or falsely high” if the preservative is missing. Read more
According to NBC 5 Investigates, at least 2,760 cases were found where a recalled tube was used in the arrest of a suspected drunken driver.
Mistakes in DUI blood testing are far too common. This is one of the strongest reasons why you need an attorney who knows DUI blood testing inside and out. At The McShane Firm, intensive training in DUI blood testing is a prerequisite for all of our attorneys.
If you choose a lawyer who does not have experience challenging DUI blood cases then you are selling yourself short. Trust the firm who knows DUI blood testing. Trust The Science Attorneys. Trust The McShane Firm.
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