A blood draw can be beaten in a number of ways; one would be to hire an expert to review the testing and determine that the test was improperly done. I have handled situations where they performed a blood draw on my client and said he was over substantially the limit, but we had an expert do an analysis of the test, only to find out the blood wasn’t even my client’s; it wasn’t even the same blood type. So, there can be situations like that where a lab makes a mistake.
San Antonio and Burke County once contracted with a forensic lab in Fort Worth, but they basically made so many errors with the chain of custody for some blood tests, that the DEA actually came out and said hundreds of blood test analyses were defective and could not be used in court.
There is no set rule because each individual is different in terms of how they process alcohol. As a rule of thumb, the body basically processes one ounce of alcohol every hour, so if drank two beers or two drinks an hour, they would stay in their system until they were fully processed out, but it would depend on when the person stopped drinking and how long thereafter the test was given.
The prosecutor will look for an alcohol concentration in the blood that was above 0.08 BAC.
Yes. If the officer requested a full toxicology screen of the blood, not only would it pick up alcohol content, it would also pick up any drugs in the person’s system. It’s not unusual for a blood test to come back indicating the presence of alcohol and drugs like Xanax and Zoloft in the system also.
The person should go out and get themselves a lawyer who knows what he is doing.
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