DWI Representation

Why Blood Certification Is Important

In order to fully and competently defend a blood draw DWI, an attorney must master several areas of science and law. Primarily the science of blood testing itself is the single most important factor in an attorney’s knowledge base for these types of cases. What sets the top level DWI attorneys apart from the rest of criminal lawyers and even other DWI Lawyers is the fact that they have taken the time to master the knowledge involved in the blood draw itself. This is no small feat and usually takes several years to master.

When the nurse or paramedic drew your blood, did they follow the established procedures which have been set and are taught during phlebotomy courses? Your attorney must know the national standards established for drawing blood. Did this lead to contamination? How could the blood have been contaminated? What types of contaminants can cause an elevated alcohol reading? Doesn’t the State lab test for contaminants? Unless your attorney can answer these questions without hesitation, you need to contact an experienced, trained DWI Blood Lawyer who is well grounded in the science of blood draws and testing.

There are several different types of blood tests that can be done, depending on the type of equipment to which the lab has access. Your attorney must know all of the types of blood tests that can be performed. He must know whether the blood was tested at the hospital itself or in the State Lab. Different tests are performed at each and different standards apply. Your attorney must know and be an expert in the defenses of all of these tests and be intimately familiar with the strengths and weaknesses of each. There are less than 50 attorneys across the United States that have been certified in Forensic Chromatography – the science used to test blood for alcohol content. These attorneys have mastered this information because they know that without being able to effectively review the evidence from the lab and cross examine the State’s expert, it is impossible to win these cases. During the discovery process, your attorney should be requesting documents from the hospital or lab. How will they know what to ask for and where to look, if they have never been trained in the science of blood testing? How could they even read the lab reports if they do know what to ask for without this training? These cases can generate upwards of 2000 pages of documents. Has your attorney reviewed this information before and know what to look for? Or does he use a form request and not know the purpose of the questions or types of documents he or she will be given?

The State is too well prepared and they have an expert, the lab analyst, that will come in and testify. Unless your attorney has attended the necessary training courses and scientific lab courses, you better have a back-up plan.

            An untrained lawyer, is better than no lawyer at all, but not by much. There are only a handful of lawyers within the State of Texas that have completed the necessary training and who routinely work on blood cases. Your attorney must be one of those, if you have had your blood drawn and you are going to try and defend yourself in any way on the charges of DWI when a blood draw has been performed.

            To stand a chance to win, your lawyer must know more than the State’s analyst about the science and the technology employed in testing blood for alcohol content.   Without this training and knowledge, your attorney is no better than you handling the case by yourself. Your lawyer must be able to read and decipher thousands of pages of lab documents and protocols in order to effectively challenge these cases. Kelly W. Case has taken the time to learn the science and law in blood cases. He is a frequent lecturer on these topics to lawyers all over the country. He is certified in Forensic Chromatography through Axion Labs in Chicago, Illinois. One of his teachers was Harold McNair. Dr, McNair is known internationally as a leading researcher in the field of Chromatography and is currently Professor Emeritus of Chemistry at Virginia Tech and is the author of “Basic Gas Chromatography” Second Edition, Wiley Publishers.