Indianapolis Blood Test OWI Lawyer
Nobody wants to get pulled over for an OWI offense. While drinking and driving is considered a misdemeanor (unless there was injury, death, or other aggravating circumstances), it still comes with serious penalties, such as fines and jail time. Plus, the offense stays on your criminal record forever.
You can be charged with an OWI offense if your blood alcohol content (BAC) is at or above 0.08. If the police officer claims that you are intoxicated, don’t give up. There could be issues with the testing. Even a blood test — which would seem like an accurate form of testing — could have errors.
If your blood alcohol content has registered at 0.08 or higher, not all is lost. The Indianapolis blood test OWI lawyer at Rigney Law LLC can defend your case. Talk to us about your case today so we can provide you with the best advice possible.
Never Refuse a Chemical Test
If you know you have been drinking and an officer requests a chemical test, what do you do? it can feel like a lose-lose situation. Should you refuse a chemical test? No! Under Indiana law, a person who refuses to submit to a blood test or other chemical test will have their driving privileges suspended for 1-2 years. On top of that, you will not be eligible for a hardship license. And even if you do refuse, the officer can still get a search warrant to perform a blood draw on you. Therefore, you should always take the blood test if requested.
Problems With OWI Blood Tests
If you do take a blood test and it shows a BAC of 0.08 or above, you should hire a lawyer and fight it. There are several reasons why a blood test may have errors:
- Expiration dates. After drawing blood, the technician will use a vacuum sealed device to protect the sample from contamination. Each device has an expiration date, so once it passes, it is no longer guaranteed. Technicians do not always check to see if the expiration date is still valid, and this can work in your favor.
- Faulty seal. A faulty seal can impact the integrity of the chemicals that are used to measure a person’s blood alcohol level. Bacteria can form inside the vial.
- Insufficient amount of sodium fluoride. Sodium fluoride is added to the test tube and if there is too much or too little, it can cause the blood sample to report a result that is higher than it really is. Plus, if there is not enough sodium fluoride, bacteria can grow in its place and taint the sample.
- Insufficient amount of potassium oxalate. A lack of potassium oxalate can also affect blood test results. If there is not enough of this compound, the blood will clot, and this can cause the blood alcohol content to be higher than it really is.
Contact Rigney Law LLC Today
DUI testing is not infallible, and blood tests are no exception. If a blood test shows you as intoxicated, there is hope. You can fight this charge.
If you have submitted to chemical testing after a DUI stop, Rigney Law LLC can defend you. Our Indianapolis blood test OWI lawyer know what common errors to look for. Schedule a consultation with our office today by filling out the online form or calling (317) 623-0989.
