Given how important the test can be for your freedom, license and costs it’s important that you understand their accuracy and as well as problems. Blood testing is the most accurate means of determining a person’s level of alcohol concentration. 2017 Minnesota case law means a warrant is needed.
Blood draws are analyzed using a gas chromatography. The science behind the test: the test is the done by running a stream of gas through a person’s blood and comparing how the driver’s sample of blood behaves relative to other premixed samples already determined to be accurate measures for various blood alcohol concentrations.
Blood tests can be accurate because they respond quickly to a person’s consumption of alcohol. Within minutes of a person taking a drink, the alcohol will enter the blood stream through the intestines. This is why a blood sample offers such a good means of measuring intoxication at the precise moment the test is taken.
But the blood draws are an invasive means of determining a person’s alcohol content. It requires someone with training having to stick a needle into a vein and remove the blood, so this pain and complication is why a warrant is required as well as a trained professional to perform the draw.
Our firm, The Law Office of Jennifer Pradt, has had blood draw DUI’s thrown out because the person performing the draw was not legally allowed to perform the blood draw. The law limits who can draw your blood.
If a felony is suspected, a warrant is not required.
For the same reason that blood tests are so reliable, urine tests can be unreliable. Though alcohol is absorbed into the blood stream almost immediately, it takes substantially longer for alcohol to be metabolized by the body and appear in a person’s urine. Many Minnesota DWI experts believe that urine tests are actually measuring a person’s alcohol content 60 to 90 minutes earlier, a genuine problem which can result in someone being charged with DWI when the alcohol has since dissipated in their system.
If a urine test is used, we have to look at why a more reliable test was not available or used.