If you have been accused of operating a vehicle while intoxicated, then you may have had breath and blood samples taken. These samples can then be used as evidence against you in court.
While it may seem like this kind of evidence would be foolproof, the reality is that even these commonly used tests can be inaccurate. People often know about how Breathalyzers can be used incorrectly or come up with false-positive results, but they don’t always realize that blood tests can have those issues, too.
Fermentation is one issue with OWI blood tests
One of the issues that labs have to worry about is the potential for blood to ferment. When a blood test is taken, as little air as possible has to reach that blood. Additionally, the test tube has to be sterile inside. If bacteria get into the vial with the blood, then the blood may ferment. As you may suspect, this can result in a positive BAC result.
Defective test tubes could lead to false allegations
Another potential problem could be the use of defective blood collection vials. For instance, each vial may have an expiration date. Inside, there are chemicals that may be past their prime if the vial is used beyond that date.
Mixing blood with the out-of-date chemicals may result in inaccurate results. In some cases, these results may cause you to face OWI charges.
Using the wrong test tube could be problematic, as well
Test tubes are colored for a reason. They contain specific chemicals needed to identify substances in blood. When the wrong tube is used, the results may come back inconclusive or be completely incorrect.
It’s important for you to understand that no test is 100% accurate every time. Whether you have taken a Breathalyzer test, completed field sobriety tests or had your blood drawn, the results could be inaccurate and lead to unfair charges and penalties. It’s your right to defend yourself against allegations of drunk driving, and your attorney will work to argue against the outcome of any testing that was performed. These tests can be wrong, and they should be investigated.