There were nearly 25,000 Driving While Intoxicated arrests in New Jersey in 2013, according to the state justice department. Police forces in New Jersey have been increasing efforts to further crack down on drunk driving in recent years. When making a stop for suspected drunk driving, police officers rely heavily on breathalyzer and toxicology tests. However, these tests can be notoriously unreliable.
If you have been charged with a DWI and have undergone toxicology tests, it is important to consult with an experienced DWI attorney who can challenge the results of the testing procedures to determine if you were wrongly accused.
Toxicology Testing is Not Error-Proof
Inaccurate toxicology tests are typically challenged based on common blood sampling errors, including human error in properly handling and mixing the blood samples. If the preservative and anticoagulant agent the blood sample is mixed with is not properly measured or thoroughly mixed, the blood alcohol level or traces of legally prescribed drugs can be significantly off.
Even if the measures are only off by a small bit, this can mean the difference between being above or below the legal limit, especially when the legal limit for BAC is the equivalent of only one or two drinks.
Blood Samples Expire
Most forensic labs that process toxicology results for police forces are often backlogged. It is not uncommon for blood samples to sit and ferment for quite some time prior to processing. Yet, long wait times and extended fermentation times can raise blood alcohol or drug levels to inaccurately high levels that do not reflect the sample as it was taken at the time of the incident.
An Experienced New Jersey DWI Attorney
You have a right to have your toxicology samples tested in an efficient manner and handled properly, in order to ensure accurate results and justice. If you have been charged with a DWI, your attorney can take the necessary measures to make sure that your samples are processed accurately and, if they are not, he can challenge their use as evidence against you.
Call Us!
If you or a loved one has been accused or convicted of a DWI, we can help. For more information or to schedule a complimentary consultation with a New Jersey DUI attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
