Reader’s Question:

Is it true that hospital blood test in a DUI case has different problems? We want to know if we could be able to use that as a defense in my sister’s DWI case here in Jersey City, New Jersey.

Hiram

Jersey City, NJ

A hospital blood test has a legion of problems so the results could not be reliable as well. So definitely, Hiram, your sister could use that as a defense in her DWI case Jersey City, New Jersey. Rather than the rule, blood tests are the exception in DWI cases. It would be suffice to say that the emergency room blood test of a hospital is designed to produce a “quick and dirty” result to give the doctors an idea of what they are dealing with, not a result the precise, technical and demanding arena of the courtroom.

The good news about this is that the blood sample drawn from your sister during the DWI investigation is saved and could be retested by the defense for accuracy, unlike the breath sample which is literally blown out of a hole in the breath machine. Blood tests do require more steps and more time so a qualified personnel should draw the sample in sanitary conditions. Your sister’s DWI lawyer could definitely investigate the condition of the hospital when she was tested and if an authorized person was the one who drew blood from her.

Tags: blood alcohol test, DWI, DWI lawyer