In many DUI cases the police have to obtain an actual needle blood draw from the accused offender - instead of using the famous breathalyzer. This often happens when the defendant has been injured in the accident himself or when the police have reason to believe that the defendant is high on something other than alcohol. How and when the blood is actually drawn from the defendant can have a big impact on the defense of the DUI case. There are many protocols and procedures that the police and medical personnel must follow in order for that blood to be used as evidence. We have had a number of these cases, and there are many issues we have had to examine in order to determine whether the police got it right. If the blood draw is done improperly, then the results of the blood test do not get into evidence.
Call us if you have questions about this.