DUI toxicology – a straightforward, error-proof system, right? Not always. The most significant problem with DUI toxicology (and forensic blood testing in general) is the integrity of the tested blood sample. In a perfect world, we recognize that DUI toxicology is a full proof test when it is administered correctly, the testing equipment and components are sound, the testing process is done in a timely manner, and the correct results are delivered; however, we know all too well that we do not live in a perfect world and herein lies the problem with DUI toxicology.
Proper Handling of Blood Samples
If you’ll take notice, the test tubes used by professionals to prepare a DUI toxicology will have a white powder in the base, which acts as a preservative and anticoagulant for the sample being taken. This powder residual is inserted during the manufacturing process at the factory and then shipped to the New Jersey state labs for use in DUI violations across the state. While the manufacturing factory implements strict protocol to ensure accuracy, the state labs generally do not verify the precise measurements of the white powder in each tube prior to its use in a blood sample testing. If the amount of white powder is even a little bit off or if the white powder is not mixed properly with the blood sample, even the slightest error could create inaccurate results. While this error is a rare occurrence, should you really take the chance that you are in the 1% where this error has occurred?
Time Limitations on Blood Samples
In addition, the interim time period between when the sample was taken and when the sample was actually tested can create inaccurate results. As is true with many liquids, if allowed to stand, the fermentation process will begin and the same holds true for blood. In some cases, the blood sample is not processed in an efficient manner and changes in the metabolic structure of the sample can lead to artificially high alcohol levels.
Challenging the State’s Case
Don’t fall for the classic, “We’re going to get you somehow,” tactic used by many in the system. DUI toxicology can be an excellent tool used by the prosecutor; however, those results must be accurate! Having an expert toxicologist review and/or dispute the findings of your toxicology results is in your best interest when facing a DUI charge as the result of a toxicology screening. On the slight chance that an error has occurred or that incorrect results were delivered, an effective legal counsel and experienced NJ DUI attorney can spot these legal defenses right away and go to bat for your rights.
