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Can you contest an OWI blood test?

On Behalf of | Sep 27, 2021 | OWI

If you are charged for operating your vehicle while under the influence, it’s important that you understand your rights. One of the things you are able to do is to contest the blood test you took, especially if you believe that it was inaccurate.

It’s a good idea to do this. While many people believe that blood tests are infallible, the reality is that there are factors that can influence blood tests and make them inaccurate. Here are a few reasons your test could have been wrong.

  1. Improper storage or travel

Interestingly, improperly storing blood or allowing it to become contaminated could result in a false positive. For instance, when blood sits for too long, microbes that have contaminated it may increase the alcohol content through fermentation. This is unlikely if the blood test is taken and lab work performed immediately, but if there is a wait, it is possible.

  1. The timing of the blood test

For the purpose of your arrest and conviction, the prosecution has to show that you were impaired at the time of the arrest. If your blood test was taken much longer after you were arrested, your BAC could have still be on the rise. So, when you were stopped, your BAC might have been low enough to drive safely even if it was much higher a short time later.

  1. Not enough sodium fluoride was used

During an OWI blood test, the blood test has to have sodium fluoride added to the tube. If there is too much or too little, the blood sample may come back higher than it should be.

  1. Not enough potassium oxalate

If there isn’t enough potassium oxalate in the test tube, blood will clot. This impacts the ratios of liquids and solids, which means that your blood alcohol test could be inaccurate.

These are just a few reasons why a blood test could be inaccurate. It’s always a good idea to have someone investigate the tests you took for accuracy, so you can defend yourself against an OWI charge and the evidence that the prosecution claims to have against you.