Blood testing in Maine is serious business. Having a blood sample drawn following your arrest is a traumatic experience. When you are arrested for DUI in Maine, a police officer has the right to request a chemical test of his choosing. That chemical test includes breath, urine or blood. While the preferred method is breath, because it is the least invasive, blood is usually the most accurate of the three tests.
If you had a blood sample drawn for testing it will likely be tested by a chemist at the Maine Health Environmental Testing Laboratory. If the blood draw was performed at a hospital, it may have been analyzed by the hospital staff. The difference is significant and make a great difference on the outcome of your case.
Blood testing regimes are considered fool-proof by the chemists employed by the State. However, this is a fallacy because while the blood test is performed on a gas chromatograph (which is a highly accurate forensic device), these tests are performed by human beings.
The nurse will draw your blood and this is a rich area for exploitation by the defense team. Contamination of the specimen during the blood draw is a real concern. If the ampules are not filled, the vacuum seal could weaken and thus allow bacteria to contaminate the sample, which in turn produces alcohol (neo-genesis of alcohol). Perhaps the nurse incorrectly labeled the blood tubes. There is a whole host of potential problems surrounding the blood draw.
Another area rife for exploitation concerns the storage of the blood samples. Were the vials properly refrigerated or were they instead stored in the trunk of the cruiser? What about the refrigerator? What else is stored there besides blood? Take-out chinese perhaps?
There are many, many areas to exploit concerning the drawing, storage and analysis of blood samples in a DUI case. The problem is that many attorneys (and prosecutors for that matter) believe that a blood sample = an open and shut case. Your attorney needs to know what to look for. He needs to be trained understand gas chromatograph calibration charts. He needs to understand the testing protocols the lab employs and be up on the latest science concerning blood testing. Don’t be afraid to ask your attorney what his specialized training and background might be concerning blood draws. If you decide to retain an attorney from NIELSEN & BLY, you can be assured that our attorneys are trained in the latest forensic analysis theory and techniques. Because that could make all the difference in the world for your case.
