What You Need to Know About Blood Testing in OWI Cases
When someone is charged with a drug or alcohol-related driving charge, few lawyers have the expertise to challenge the evidence credibly
Defending OWI Charges With Blood Test Evidence
Most criminal defense lawyers and OWI defense attorneys routinely accept the scientific reliability of a laboratory blood test report from the Michigan State Police (MSP) crime lab. An attorney must look closer at the drug analysis to be an effective advocate. Blood testing and analysis is a form of science called “forensic science.” The problem with forensic science and its political connection to law enforcement is that it often ignores the most basic scientific principles, such as using blind studies. Errors in laboratory testing are routinely ignored, and results are often extrapolated from data and not proven to be true.
Metrology and Analytic Chemistry’s Connection to OWI Defense
Metrology is the study of scientific measurement. The MSP lab’s report regarding blood testing in OWI cases is a statement regarding the scientific measurement of the amount of alcohol per milliliter in a blood sample. Surprisingly, many scientists with MSP know little to nothing about metrology, even though they routinely give expert opinions on the issue. Metrology is concerned with the concepts of the validity of the process, the accuracy of findings, the mathematics used in calibration, and the calculation of uncertain measurements.
Defenses Related to OWI Blood Testing
Analytic chemistry is the science of using techniques and methods to separate, identify, measure, and qualify matter. Instrumental analysis is a part of analytical chemistry. This type of analysis focuses on using technology to separate, identify, and quantify unknown substances. A highly experienced and skilled DUI defense attorney will examine the technique used to analyze the blood and the method used, two distinct and equally important factors. A method is a procedure in which the testing is done, and the technique is how the method is used. Both the technique and the method must be supported by valid science for admission of blood testing in OWI cases.
The Process of Blood Testing
The blood testing and analysis process has three essential parts: separation, identification, and measurement. The MSP crime lab used chromatography for separation. Chromatography techniques can be gas or liquid. The type of chromatography used by MSP to determine the level of alcohol in a blood sample is called headspace gas chromatography. Identification is the process of recognizing what substances are detected in the analysis. Measurement is the process of identifying an unknown thing, using a spectrogram in blood analysis, and comparing it to known data measurements to determine the type of substances identified. This process would be similar to seeing a picture of an individual and then finding that person in a catalog of images of identified subjects.
Are Blood Test Results Accurate in OWI Cases?
While blood tests are widely regarded as the most reliable method for determining blood alcohol concentration (BAC), they are not infallible. Several factors can contribute to inaccuracies in blood test results, ranging from procedural errors to biological variances. Understanding these factors is essential for any defense attorney looking to challenge the results of a blood test in an OWI case. Common sources of inaccuracy are as follows:
- Improper Sample Collection and Handling: The accuracy of a blood test can be compromised right from the start if the blood sample is not collected, stored, and transported correctly. For instance, using an incorrect anticoagulant or preservative or exposing the sample to extreme temperatures can affect the test results.
- Contamination: Contamination of the blood sample from external substances or improper sterilization techniques during collection can lead to false BAC readings. Defense attorneys often scrutinize the collection process for any lapses in protocol that could lead to contamination.
- Fermentation: If a blood sample is not stored properly, fermentation can occur, producing alcohol within the sample and falsely elevating the BAC. This process can be caused by bacteria or yeast in the blood sample, emphasizing the importance of proper storage conditions.
- Instrumentation Errors: The equipment used for analyzing blood samples, such as gas chromatographs, must be calibrated and maintained regularly. Failure to do so can result in inaccurate BAC measurements. Defense attorneys may request maintenance and calibration records for the equipment used to analyze the defendant’s sample.
- Operator Error: The skill and experience of the technician performing the analysis can also impact the accuracy of the results. Mistakes in the preparation or analysis of the sample can lead to incorrect BAC levels being reported.
How Defense Attorneys Find and Turn Inaccuracies in Defenses
Defense attorneys are crucial in scrutinizing every step of the blood testing process for potential inaccuracies. By identifying flaws in how the blood sample was collected, stored, or analyzed, they can challenge the reliability of the BAC results presented by the prosecution. This can involve:
- Requesting Discovery: Obtaining all documentation related to the blood test, including the chain of custody records, lab reports, and equipment calibration logs.
- Consulting Experts: Hiring forensic toxicologists or other experts to review the blood test procedure and results for potential errors or inaccuracies.
- Challenging Procedures in Court: Presenting evidence of procedural or technical errors to the court, which may cast doubt on the accuracy of the BAC results and, by extension, the validity of the OWI charge.
By meticulously analyzing and questioning the accuracy of blood test results, OWI defense attorneys, such as the
The Critical Role of a Retained Criminal Defense Attorney in OWI Blood Testing Cases
When facing OWI charges predicated on blood testing results, the distinction between working with a retained criminal defense attorney from a specialized law firm like LEWIS & DICKSTEIN, P.L.L.C., versus relying on a court-appointed attorney or hiring a general practice or bargain lawyer cannot be overstated. The complexities of blood evidence in OWI cases demand a defense that is not only knowledgeable but also resource-intensive. Here’s why a retained criminal defense attorney with the backing of a specialized firm is indispensable:
Expert Resources and Specialized Knowledge
OWI blood testing involves intricate scientific principles and complex legal issues. LEWIS & DICKSTEIN, P.L.L.C., with its focus on criminal defense, has access to a network of forensic experts, toxicologists, and medical professionals who can scrutinize the blood test’s accuracy, from the method of collection to the final analysis. Such specialized knowledge is vital for effectively challenging the prosecution’s evidence.
Dedicated Attention and Customized Defense Strategies
Unlike court-appointed attorneys who may be overwhelmed with caseloads or general practice lawyers who might lack the specific expertise in OWI defense, retained attorneys from a firm dedicated to criminal defense can offer personalized attention. This means developing a defense strategy that considers every detail of your case, including any potential inaccuracies in the blood testing process. The firm’s resources allow for a thorough investigation and preparation that can significantly affect the outcome.
Ability to Challenge Blood Test Results Effectively
Challenging blood test results requires a deep understanding of the science behind blood alcohol testing and the legal standards governing such evidence. Retained criminal defense attorneys from a specialized firm are well-versed in identifying procedural errors, equipment malfunctions, or any discrepancies that could impact the reliability of the test results. Their expertise allows them to effectively argue these points in court, which may be beyond the scope of a general practice or bargain lawyer.
Proactive and Aggressive Representation
LEWIS & DICKSTEIN, P.L.L.C. is known for its proactive and aggressive approach to defending clients against OWI charges. From the moment of your arrest, a retained attorney can take steps to protect your rights, guide you through the legal process, and begin crafting a defense aimed at minimizing or even avoiding the consequences of a conviction. This level of advocacy is particularly important in OWI cases, where the stakes are high and the penalties can be severe.
Ensuring Your Best Chance for a Favorable Outcome
Ultimately, the goal in any OWI defense is to secure the best possible outcome for the client. Whether it’s achieving a dismissal, negotiating a plea for reduced charges, or winning at trial, a retained criminal defense attorney from LEWIS & DICKSTEIN, P.L.L.C. brings to the table a combination of legal acumen, scientific understanding, and strategic prowess that is unmatched by court-appointed or non-specialized attorneys.
In OWI cases, where your freedom, reputation, and future are on the line, the value of having a dedicated, specialized defense cannot be underestimated. Retaining an attorney from a firm with the experience, resources, and commitment to fighting for your rights can make all the difference in the world. This approach underscores the importance of a thorough and knowledgeable defense strategy in alcohol-related driving cases.
Defenses to Blood Test Results in OWI Cases
The three primary scientific avenues of defense in OWI blood test cases attack the testing instrument’s sample integrity, metrology, and reliability. Human error, equipment error, or a combination of both can impact any of these three areas. In these cases, effective and thorough defense requires obtaining and reviewing the necessary laboratory records, calibrations, standards, controls, and the results of all analyses done in the same analytic run. Additionally, the defense lawyer may decide it is necessary to get documentation regarding maintenance of the equipment and calibration records for subsidiary equipment such as scales, pipettes, etc.
A jury in an OWI case must be reminded that there was a time in history when it was generally accepted that a person could be determined to be a witch if that person, while bound, would float or sink in water. An innocent person would sink in water, and a witch would float on water. At that time, this test was considered highly credible and authoritative. Today’s science is only as reliable as our beliefs and is subject to imminently becoming outdated through future advances in technology and science.
The Critical Role of a Retained Criminal Defense Attorney in OWI Blood Testing Cases
When facing OWI charges predicated on blood testing results, the distinction between working with a retained criminal defense attorney from a specialized law firm like LEWIS & DICKSTEIN, P.L.L.C., versus relying on a court-appointed attorney or hiring a general practice or bargain lawyer, cannot be overstated. The complexities of blood evidence in OWI cases demand a defense that is not only knowledgeable but also resource-intensive. Here’s why a retained criminal defense attorney with the backing of a specialized firm is indispensable:
Expert Resources and Specialized Knowledge
OWI blood testing involves intricate scientific principles and complex legal issues. LEWIS & DICKSTEIN, P.L.L.C., with its focus on criminal defense, has access to a network of forensic experts, toxicologists, and medical professionals who can scrutinize the blood test’s accuracy, from the method of collection to the final analysis. Such specialized knowledge is vital for effectively challenging the prosecution’s evidence.
Dedicated Attention and Customized Defense Strategies
Unlike court-appointed attorneys who may be overwhelmed with caseloads or general practice lawyers who might lack specific expertise in OWI defense, retained attorneys from a firm dedicated to criminal defense can offer personalized attention. This means developing a defense strategy that considers every detail of your case, including any potential inaccuracies in the blood testing process. The firm’s resources allow for a thorough investigation and preparation that can significantly affect the outcome.
Ability to Challenge Blood Test Results Effectively
Challenging blood test results requires a deep understanding of the science behind blood alcohol testing and the legal standards governing such evidence. Retained criminal defense attorneys from a specialized firm are well-versed in identifying procedural errors, equipment malfunctions, or any discrepancies that could impact the reliability of the test results. Their expertise allows them to effectively argue these points in court, which may be beyond the scope of a general practice or bargain lawyer.
Proactive and Aggressive Representation
LEWIS & DICKSTEIN, P.L.L.C. is known for its proactive and aggressive approach to defending clients against OWI charges. From the moment of your arrest, a retained attorney can take steps to protect your rights, guide you through the legal process, and begin crafting a defense aimed at minimizing or even avoiding the consequences of a conviction. This level of advocacy is particularly important in OWI cases, where the stakes are high, and the penalties can be severe.
Ensuring Your Best Chance for a Favorable Outcome
Ultimately, the goal in any OWI defense is to secure the best possible outcome for the client. Whether it’s achieving a dismissal, negotiating a plea for reduced charges, or winning at trial, a retained criminal defense attorney from LEWIS & DICKSTEIN, P.L.L.C. brings to the table a combination of legal acumen, scientific understanding, and strategic prowess that is unmatched by court-appointed or non-specialized attorneys.
In OWI cases, where your freedom, reputation, and future are on the line, the value of having a dedicated, specialized defense cannot be underestimated. Retaining an attorney from a firm with the experience, resources, and commitment to fighting for your rights can make all the difference in the world.
Attorneys for OWI Defense in Michigan
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is highly skilled and knowledgeable in defending OWI cases using facts, the law, the constitution, medicine, and science in formulating defenses. Any weakness in the government’s case is a strength in the defendant’s case. For example, if we find a flaw in the blood testing procedures used in an OWI investigation, we can use that error to negotiate for the dismissal of the OWI or DUI charges. We leave no stone unturned in defending a client and advocating for the best possible outcome. If it is possible to get an OWI charge dismissed or reduced, we will do what is necessary to win the case.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
