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BLOOD TEST

Remember my story at the beginning when I refused to take a breathalyzer test or perform a field sobriety test? There is one more test that police and prosecutors for North Carolina often rely on when they cannot get an accurate reading through the Intoxilyzer 5000 or by proving through your physical state that you were too impaired to drive due to drinking too much alcohol, and that test is performed by drawing your blood.

And just like the rest of these tests that the state of North Carolina will use to incriminate you, I did not understand fully how faulty they were

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When I was arrested I thought I had done a fair job of defending my rights by not providing the state with evidence they could use to convict me of a DWI in North Carolina. I had submitted myself for handcuffing, refused any tests that were demanded, and made sure that the officer who stopped read me my Mirada rights before I even allowed myself to answer any questions beyond recounting the few facts of where I had been and who I had been with. While I thought I was in the clear when I arrived to the station and was booked for my DWI the police officer who processed my charge informed me that a blood test was to be taken.

In that moment I will admit that I was nervous. I knew I had only had a few beers and it had been an hour since I was pulled over and placed in the back of the cruiser. What if they did discover that my Blood Alcohol Content was higher than the 0.08% certifying that I was too impaired to drive? What if they were able to find evidence that I had drank more than I thought?

I let them take my blood through a needle in my arm. I was placed in a cell with others who had perpetrated smaller crimes, and in the morning I was let out with a notice that I would have to appear in court to defend myself at a certain date. Without a car and exhausted from my ordeal, I’ll admit that I was scared of the results of the blood test. For a moment I didn’t think that even a defense attorney would be able to help me.

Thankfully I contacted Dummit Fradin the next day and was paired with the same great defense attorney who had helped out my neighbor when he was charged with his own DWI. I discussed with her what had happened the night I was stopped by police, how I had refuse to take the breathalyzer test or perform a field sobriety test, and that I had asserted my rights as a driver and citizen using my Driver’s Rights Card. Impressed with the knowledge I had and how I behaved during the DWI stop, she asked about my experiences during my time at the police station and I revealed that I had consented to a blood test.

Much to my relief, my defense attorney at Dummit Fradin let me know the real facts of my blood test and how inaccurate it could be.

The breathalyzer that is usually given after a DWI stop is used to determine the blood alcohol content of a driver suspected of a DWI, but the same indicator of impairment one measures on a person’s breath doesn’t often match the amount of alcohol found in the blood test. This is because while the breathalyzer measures the amount of alcohol in your “alveoli air”, a blood test taken by a needle measures the alcohol circulating through your entire body.

North Carolina relies on blood test involving DWI charges where an accident is involved, usually because the driver in question is often unable to take a breathalyzer test after a collision. But does a blood test taken yield a more accurate result?

As my DWI defense attorney revealed: not really.

The blood test when applied to whether or not a driver caused a car wreck while they were impaired can be skewed by the events of the accident itself. In fact, there are so many things that will cause the results of a blood test to be inaccurate it is often surprising when we learn about them in greater detail.

For example, the chemical preservative used in the vial blood is often collected in can create errors when it is time to measure the blood alcohol content. Another instance is if the blood was drawn in the emergency room by a nurse who used an alcohol antiseptic to sterilize the skin before inserting the needle. There are so many different things that may result in a false positive or an inaccurate test when blood is taken to determine if a driver was inebriated during an accident, including if the driver lost a substantial amount of blood or is naturally anemic.

Much to my relief I was shown to be correct about the amount of alcohol in my blood when my test results were finally reported to my defense attorney. Having defended myself from incrimination and with the help of my DWI defense provided by Dummit Fradin, we were able to prove that the police and the state of North Carolina had not collected enough evidence to prove that I was driving impaired.

Thanks to the help of my DWI attorney, I was able to keep going on with my life. I owe Dummit Fradin so much for helping me find the peace of mind I was looking for and ensuring that my rights, my reputation, and my future were protected.

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