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Can Blood Tests be Successfully Challenged in OUI cases?

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Drunk driving cases are unique in that there is usually little to no physical evidence. In a theft, for example, the prosecution will try to show the stolen property was in the possession of the accused. In OUI/DUI cases, the main questions center around how much alcohol was present in the blood. To determine this, the police collect blood samples and run tests on them.

Blood samples are tested through a process called gas chromatography. This is a complex process that has the potential to yield reliable results, but only if the correct procedures and standards are followed. Often times they are not and it is the job of a highly trained OUI attorney to uncover these any flaws in the procedure and use that to challenge the results. Unfortunately, most attorneys are not aware that these tests can be successfully challenged.

Common Challenges to Blood Evidence

Bad Lab Technicians

Blood tests are conducted by humans and are subject to human error and bias. Many state crime labs are horribly under-staffed causing the technicians to take shortcuts and liberties with the testing. In some cases, results are submitted without any testing at all.

Remember Annie Dookhan? She was a technician at the William A. Hinton State Laboratory Institute in Boston who admitted to tampering with evidence and forging test results. Last year more than 20,000 convictions were dropped because her evidence could not be trusted. The saddest part of all of this is that many people went to jail, paid fines, had their licenses suspended, and face humiliation because of this bad evidence.

Contamination of the Samples

There are very specific guidelines for handling blood samples which police and crime labs must follow to ensure the integrity of the samples. Deviating from those protocols can result in contamination. Here are some questions that need to be asked:

  • Is there a clear chain of custody?
  • Were the procedures documented correctly?
  • Were the tubes transported under the correct protocols?
  • Were the samples stored under the proper temperature?
  • Were the tubes shaken properly by the technician?

If these procedures were not followed correctly, this may be grounds to challenge the results of the blood test.

Calibration

Testing machines and instruments need to be maintained to ensure they are working properly. Part of that maintenance is making sure the machines are calibrated correctly. This calibration needs to be done as per a predefined schedule which needs to be documented. If the equipment was not calibrated correctly, it could cause the results to be compromised. Just think of the old analog bathroom scales. If the dial is not set to zero, the end result will not be reliable.

Documentation

Even if the testing was done correctly, it has no scientific standing if the procedures were not correctly documented. Without proper documentation, the evidence would be based on “an act of trust”. This is against scientific and legal standards.

Does your Attorney Know how to Challenge Blood Tests?

Not every attorney knows the science behind DUI blood testing. This is not taught in law school. Learning this science takes many years of dedicated study. Attorney Michael Bowser is Board Certified DUI Defense Specialist who has gone through rigorous examinations to earn this certification. He knows the forensic science involved in these cases. Most other lawyers do not.

Call 888-526-9737 now for a free case consultation.

Not Guilty OUI

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During the consultation Mike was straight to the point and very knowledgeable. I decided to hire him for my first OUI case. I went through 3-4 court appearances and eventually ended up having a jury trial. Mike’s team was very responsive to my calls and concerns and help guide me through the whole process. The jury trial was very nerve racking, but Mike was so confident and smooth during the whole process that it help me feel at ease. Such a huge weight off my shoulder and I would 100% recommend and hire Mike again.

Important Information for Massachusetts Teachers who are facing OUI charges

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One of the most common questions from teachers who have been charged with an OUI/DUI offense is how it will affect their employment status. There is certainly cause for concern in this regards as there are policies in place which give the Massachusetts Department of Elementary and Secondary Education authority to access information about these charges and use it to make determinations about the eligibility of applicants.

 

If you are a teacher facing an OUI, there are two main concerns when it comes to your future as a teacher:

 

  1. Making sure your educator license does not get revoked, limited or suspended.
  2. Making sure your criminal history stays clear so that future employers do not see the conviction and use it as grounds not to hire you.

 

How an OUI can affect the status of your educators license

Under the CORI (criminal offender record information) policy, The Massachusetts Department of Elementary and Secondary Education is authorized by the Criminal History Systems Board (CHSB) to access conviction and pending criminal case data for the purpose of screening license applicants as well as current holders of education licenses. The Department will then make a judgment on the suitability of the applicant. The Department has the right to refuse to license the individual or to take action to revoke, limit or suspend the individual’s license.

 

What this means is depending on the nature of the offense and your prior history, an OUI offense may affect the status of your educators license.

 

How an OUI can affect your employment status for many years to come

Since an OUI offense stays on your criminal history, it will show up on background checks any time you apply to work at a school, no matter which state it is in. Background checks apps and programs are ubiquitous. Teachers, administrators, parents, and even students can easily find out if you have a drunk driving conviction. This can lead to not only a world of embarrassment, but it may also influence administrators not to hire you. In the real world, when there are two applicants, one of which has a clean record and the other has an OUI conviction, which do you think administrators will prefer?

 

This is why it is important that you get the correct legal information about your charge and take steps to fight against a conviction. The important thing to remember is that OUI/DUI cases can be won. An experienced attorney who knows forensic science will be able to set up challenges to the evidence collected.

 

It’s not too late to take the steps to preserve your future. Don’t let your career go to waste over one mistake. Call 888-526-9737 now for your free, detailed case consultation.

Highly recommend

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Michael is a true professional. He is an expert in his field of practice and I always feel confident when referring my clients to him. I highly recommend his services.

3rd OUI & assault on March 31st 2017

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My name is Mark & on March 31st 2017 I was arrested in Watertown, Ma for a 3rd OUI & an assault charge. This case was approximately 15 months old at the time of the verdict. I had done some research and after careful consideration I hired attorney Michael Bowser. Due to the charge I had lost my license upon arrest and it was not easy for me to meet or get around and yet attorney Bowser had no problem going out of his way by coming to my apartment to discuss the situation. He was honest, didn’t make promises, upfront about costs and process as well as the possibilities of different outcomes and my options from there. Needless to say it was very refreshing speaking with him. I was always able to reach attorney Bowser and contact was maintained throughout. My case went to trial by jury and after arguing the case with opening closing strategies and questioning of parties involved I was found not guilty. I cannot stress how highly I recommend attorney Bowser and I am forever thankful for his professional, knowledgeable and representation!

OUI dismissed!!!

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In a blink of an eye your life can change right before you, and you made it need legal help or advice, you want a lawyer that plays chess not checkers, if you want somebody that strategizes I would choose Mike Bowser.

Tom Flaherty

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I recently had a successful DUI verdict using Bowser Law, I strongly recommend for DUI services. Bowser Law is very knowledge and professional and provides excellent services.

Mike is a ROCK STAR attorney!

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Even if I hadn’t won my case I would have wrote Mike a great review. First off, he knows his stuff. There was a time during cross examination I had a hard time suppressing the urge to smile as I knew I was going to win the case. But back-up to the day of the incident – Mike got back to me quickly, listened to my situation, gave good advice and scheduled a time to meet and discuss all options. After that meeting it was obvious Mike knew the ins and outs of OUI law and I felt that if I decided to go to trial (which Mike pointed out is why people hire him) he was the guy i’d choose. He really crushed it in court and I am happy to say we got a favorable ruling! I highly recommend Mike as counsel if you find yourself in need.

Knowledge and experience a plus

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I was arrested for DUI and, because of a DUI conviction from 34 years ago, was facing the prospects of a second conviction. In my initial consult with Attorney Bowser, he clearly laid out my options – and the penalties associated with them. After discussing all the options, we agreed that the best option for me was to plead guilty and try and minimize the penalties. Although Atty. Bowser felt there was always a chance to win at trial, he understood my reasons for not going to trial – namely that I would have been denied all driving privileges pending the outcome of the trial, which could have taken up to 6 months – Atty. Bowser was not looking to add to his impressive “win” totals, but was working with his client (me) to affect the best possible outcome.

At my court appearance Atty. Bowser successfully argued for a Cahill Disposition, resulting in the conviction being classified a misdemeanor and enabling me to get limited driving privileges much more quickly than I would have otherwise. I was still facing 3 years with a hardship license and 5 years with an ignition interlock device, but Atty. Bowser was not done.

Using his many years of experience and knowledge of the legal system, Atty. Bowser successfully argued to have my 34 year old DUI conviction re-opened, and then dismissed. Atty. Bowser then contacted the RMV to make sure my driving privileges were restored. The end result was 1 DUI conviction on my record, a 6 month hardship license ( I had refused the breathalyzer) and 6 months paying for the Ignition Interlock Device.

Atty. Bowser’s expertise and hard work saved me over $7000 in Ignition Interlock Device payments alone, not to mention allowing me to drive after 7 PM.

I highly recommend Atty. Bowser for anyone facing a DUI conviction, you will not be disappointed.

Michael Bowser, excellent legal counsel

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Attorney Bowser responded to our needs for legal counsel quickly and effectively. He was there every step of the way with my questions me and my family had. He went above and beyond when needed to provide his time and assurance that I would be properly represented for. Having Attorney Bowser represent us in this matter resulted in a positive outcome for a difficult situation. I would recommend his services to anyone in need of legal counsel.