02/27/2012
Just because someone blows into a machine or has blood taken and the result is a Blood Alcohol Content above the legal limit (.08), it doesn't mean that the results are valid or even admissible in court. There are many other factors that need to be determined.
For a breath testing machine, the police officer who operated the machine needs to be certified to operate it. The officer also has to follow the proper protocol, such as waiting the required observation period, changing out the plastic mouthpiece in between each breath sample, and making sure that the machine is in proper working order.
For blood tests, a nurse or phlebotomist is required to testify as to the manner in which the blood sample was taken (must be in a medically acceptable manner), whether or not an alcohol swab was used to clean the area where the blood was drawn and were there preservative chemicals in the vial that the blood sample was placed, among other details.
Many people feel that the case is over once the police obtain a blood alcohol reading above the per se limit. But nothing could be further from the truth.
If you or someone you know is in a situation they shouldnt be in, contact me ASAP for a FREE consultation at (856) 617-1DWI or (267) 241-5448.