DUI Blood Test - With or Without Your Consent
After blood is drawn for a DUI Blood Test, it is delivered to the Washington State Toxicology Laboratory (WSTL) for analysis. It usually takes at least 6 months before the result is reported to the officer, who then reports it to the prosecutor (and DOL if alcohol is present above .08). This causes a delay between the date of the arrest and the filing of charges. That delay can take several weeks to months.
Method of analysis
The method of analysis of the blood is called “selected ion monitoring gas chromatography mass-spectrometry.”
Ms. Callahan has extensive experience in gas chromatography, having received advanced training at Axion Labs in Chicago. She understands that blood testing is subject to a multitude of errors in the analytical process, whereas most attorneys (judges and prosecutors included) believe that blood testing is the “gold standard” of alcohol/drug testing and is virtually unassailable.
Nothing could be further from the truth. A lawyer trained in the science that underlies the analytical process knows what problems and errors to look for in reviewing the work of the State Toxicology Laboratory. It takes that level of knowledge to find the thread that will unravel the prosecution’s case. Only a few lawyers in Washington State have availed themselves of this critically important training, which is so necessary to defending a marijuana and Drug DUI cases.
“Tough DUI Laws Require Tough DUI Lawyers”
Linda M. Callahan
Implied Consent Laws and DUI Blood Testing
How Implied Consent Applies to You
A serious consequence of refusing a breath test is a higher mandatory minimum jail sentence; another serious consequence of refusing to take a breath test is:
The Implied Consent Law is Confusing
If you were not given the implied consent warnings prior to the test or refusal, or if you expressed confusion to the officer and no attempt was made to alleviate your confusion, your breath test result or evidence that you refused the test, may be “suppressed,” meaning it would not be used against you in your DUI trial in court or in your DOL hearing.
Refusing the Blood Test
If you refuse to take the blood test, the Department of Licensing will revoke your driver’s license for at least one year. In addition, the prosecutor will likely try to use your refusal to take the blood test as evidence that you believed you were guilty, assuming that if you were innocent you would have freely submitted. There are many reasons why a person may not wish to submit to blood testing, including a fear of needles, hospitals, or of an inaccurate analysis. However, it usually does not benefit the driver to refuse the blood test, because even if the test is positive for marijuana or drugs, there are a multitude of things that can go wrong in the taking of the blood, in storing it, and in analyzing it. If there are serious problems in any part of this process, the analysis might not be permitted to be used against you in court.
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Before you were asked to step out of your vehicle, the officer has been gathering evidence to support the arrest.
Field Sobriety Tests
As Ms. Callahan likes to call them “Bad Science”, FST’s are virtually impossible to pass, especially if the officer is the one grading you.
Factory trained, Linda M. Callahan understands the science behind breath testing most attorneys don’t.
With extensive training at Axion Labs in Chicago, Linda M. Callahan has the relevant experience to challenge Blood test evidence.
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Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. This web site is not intended to solicit clients for matters outside of the state of Washington.
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