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New Hampshire Blood Test Defenses

While breathalyzer tests are the most common form of blood alcohol content (BAC) testing, blood tests may also be administered. The purpose of the blood test is to determine if your BAC is over New Hampshire’s legal limit; if your BAC is .08% or higher, you may be arrested for driving while intoxicated (DWI).

If you have been charged with DWI after failing a blood test, please know that there are several defenses that can be used to challenge your reading. A skilled attorney can investigate the circumstances of your blood test to determine if any errors were made. If he or she finds that the blood test contains errors, the results could be thrown out.

Blood tests must be administered in a clinical or medical setting by an approved health care worker. To ensure that the blood test is accurate, specific guidelines must be followed; any deviation from these guidelines could be used as evidence for your defense.

Blood samples must be tested soon after they are drawn in order to prevent errors. If your sample is not spun and frozen properly, deterioration can begin in as little as 48 hours and may become completely unusable after 14 days. The deterioration is caused by fermentation, which can cause the BAC sample to read higher than it was at the time of the blood draw.

To preserve the blood sample, the correct amount of sodium fluoride must be used. Some police departments buy vials that are already prepared rather than preparing the tubes themselves. If this is the case, the vials are required to be vacuum sealed, contain the correct amount of chemicals, and to be used before the expiration date. If these are criteria are not met, the BAC reading may be inaccurate.

Even something as simple as using an alcohol swab to clean your arm before taking a blood sample could affect your test results. The gas chromatograph could accidentally read the alcohol from the cloth as alcohol that was consumed.