Challenging the Blood Test

Nothing intimidates so called drunk driving lawyers more than a blood test result.  For reasons we don't understand, lawyers will see a blood alcohol result over the legal limit resulting from a blood draw, and simply tell their clients that they have no chance.  Quite to the contrary, we have won many trials simply by successfully challenging the validity of the test.

The first issues that we are extremely familiar with is how the blood draw was performed, who performed the draw, what was their experience, and where did the draw take place.  Any issues with that must be scrutinized in front of the jury.  The next issue is where did the blood drawer get the needle, was it sanitized in alcohol?  We find that most blood drawers have no idea what the needles they used were sterilized in.

Another attack on the blood draw is to determine whether the Oakland County officer checked to see the expiration date of the blood test kit.  All of the blood test kits used in Michigan and in Oakland County have an expiration date for a very specific reason, which is that the vacuum sealed tubes and their contents, much like a gallon of milk, lose their quality after a period of time.  As Amberg & Amberg attorney Jim Amberg always asks the jury at closing arguments: "would you drink a gallon of milk that was sitting in your fridge for six months?"

A powerful attack aimed at the self-named Michigan State forensic scientists is always in play in blood draw cases which is what happens when the vacuum seal tubes do not contain anticoagulant and preservative powders that should be present.  The forensic scientist must testify that if the powders are not present, then alcohol can be created naturally in the vial!

There are many more case specific challenges to the blood draw that we have used with great success before Oakland County juries.  The one thing we never do is tell our clients that the blood test cannot be beat!