The manufacturer of DUI blood testing kits used in the state of Washington issued a recall of defective vials. Between August of 2018 and the present day, the company delivered hundreds of vials that did not contain the preservative necessary to prevent alcohol fermentation. That means the results of some blood tests could be inaccurate.
The vials were used to draw blood from numerous individuals arrested and tried on suspicion of driving under the influence. Some of these cases may have resulted in a conviction and/or driver's license suspension. Although some assert that the redundancies in procedures would have prevented the use of defective vials, once blood was collected, it would have been impossible to tell if a particular vial did not contain the preservative.
Because the evidence in the state's DUI trials may have included results from a faulty blood draw, defense attorneys argue that the cases should be overturned, and test results should not be allowed as evidence in the future.
Prosecutors maintain that they can try DUI cases even without blood test results. Under Washington law, a person could be found guilty of driving under the influence if the amount of alcohol in their system impaired their ability to drive safely, regardless of their blood alcohol concentration (BAC) level. They say other factors could be introduced as evidence, such as an officer's observations of the driver's physical appearance and behavior at the time of the stop.
However, defense attorneys routinely challenge officer's statements, as slurred speech, watery eyes, or poor balance could have been the result of something other than alcohol in the system.
Retain Skilled Legal Counsel from Law Office of Mark W. Garka, PLLC
If you're facing a DUI charge, we can provide the legal help you need. Our firm is solely focused on these types of matters, and we know effective defenses that can be brought up to challenge the prosecutor's case. When you work with us, we will review the facts of your situation and fight hard to keep results from a potentially faulty blood draw from being presented as evidence.
To discuss your case, call us at (888) 252-1961 or contact us online.