DWI and Blood Tests


 Blood Tests

     In New Hampshire, when you have been arrested for an offense arising out of acts alleged to have been committed when you were under the influence of alcohol, a controlled drug or some other substance, RSA 265:A-4 mandates that you submit to a chemical test at the direction of a law enforcement officer.

     You man be asked to give a sample of blood, urine or breath for chemical testing.  Also, you may be asked to complete physical tests such as the walk turn test or the one leg stand test.

     Blood tests are often used to detect the presence of a controlled drug in your body.  Some police departments use blood tests for the purpose of detecting alcohol and/or controlled drugs in your body.  When submitting to a blood test, you will be transported to a local hospital where a phlebotomist will use a blood draw kit, supplied by a police officer, to collect samples of you blood.

     The blood samples will be sent to the New Hampshire Forensic Laboratory for testing.  The preferred method of analysis at the lab is gas chromatography, a specialized instrument which separates your blood into different components and then detects certain vapors to verify the absence or presence of alcohol/controlled drugs in your body.

     There are a multitude of legal and scientific issues to examine when determining whether a blood test result is accurate and whether the evidence can be used by the State during a trial.

     If you have submitted to a blood test, you will receive a certified letter in approximately fourteen days after the evidence has been analyzed by the lab. This letter will indicate whether your blood alcohol content (BAC) was over the legal limit.  If the analysis detects the presence of controlled drugs, the letter will set forth the concentration in your body at the time of the blood draw. 

     If you have been charged with DWI, and you are wondering how to defend against what seems to be indisputable evidence of your guilt, do not panic.  Contact the Law Office of Chadwick-Fricano-Weber and speak to our DWI lawyers. We will take the time to educate you about this process so that you will have a better understanding of any and all legal defenses applicable to your case.  Call us at 603-880-6100 for a free consultation.