How Do You Challenge a Blood Draw That Results in a DWI?
Criminal Defense Attorney Patrick Apple discusses the types of blood draws found in a DWI case, whether or not they can be refused, and how to challenge a blood draw that results in a DWI once it’s been taken. There are three types of blood draws you’ll routinely see in a DWI case, a hospital blood draw, which is usually performed after a wreck and can be refused, a statutory blood draw, which is typically done with permission by a chemical analyst and therefore can also be refused, but the third is done according to a warrant after there has already been a willful refusal and cannot be again refused. Once the state has a person’s blood they have to be able to show the chain of custody was unbroken, the blood was stored properly, there was no chance of mix-up at the lab, and that it was properly sealed. All these issues and many more need to be raised in a challenge to a blood draw that results in a DWI. If you’ve been charged with a DWI that hinges on a blood test, give Dummit Fradin a call today!