Blood Alcohol Test

Description

Andrew Mishlove, our OWI defense attorney serving Wisconsin, gives an overview of what's contained within an official blood testing kit used by clinics and law enforcement. If you're facing a drunk driving charge, it's important your attorney understands how these tests work and are conducted. Many factors can cause contamination or yield a false positive result—you need a lawyer who can effectively argue points like these in court.

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00:00:06.986 --> 00:00:09.360 Hi, I'm Andrew Mishlove from Mishlove & Stuckert. 00:00:09.360 --> 00:00:11.700 We are Wisconsin's only true specialists 00:00:12.120 --> 00:00:14.500 in defense of accusations of impaired driving. 00:00:15.071 --> 00:00:16.758 Today I've got with me 00:00:16.958 --> 00:00:20.286 an official law enforcement blood testing kit. 00:00:20.287 --> 00:00:23.899 This is the kit that is distributed to hospitals 00:00:23.900 --> 00:00:27.400 around the state of Wisconsin, clinics, and police officers 00:00:27.714 --> 00:00:32.114 for the collection of blood from people who are accused of drunk and driving. 00:00:32.115 --> 00:00:34.086 I'd like to show you a few things in here. 00:00:34.657 --> 00:00:37.257 First of all, there are the vials themselves. 00:00:38.040 --> 00:00:39.914 These are called gray top vials. 00:00:40.280 --> 00:00:44.843 In the blood testing world, these tops on these vials, 00:00:44.844 --> 00:00:46.171 you can see this one is gray, 00:00:46.172 --> 00:00:48.839 are color-coded for different kinds of tests. 00:00:48.840 --> 00:00:52.957 There's dozens and dozens, if not more, different kinds of vials 00:00:52.958 --> 00:00:56.814 depending on what is being tested, what's the medical purpose of this. 00:00:57.720 --> 00:01:00.943 Grey top vials like this have some chemicals in the bottom. 00:01:00.944 --> 00:01:04.300 You can see a pinkish-white powder in there at the bottom. 00:01:04.301 --> 00:01:06.229 It's not too much, but it's in there. 00:01:07.986 --> 00:01:11.386 It contains sodium fluoride, and potassium oxalate. 00:01:13.529 --> 00:01:14.729 If you look carefully, 00:01:14.929 --> 00:01:18.143 you can't really see it, but there's an expiration date on here. 00:01:19.086 --> 00:01:20.371 The vial is glass. 00:01:20.900 --> 00:01:22.457 The stopper here is rubber, 00:01:23.386 --> 00:01:25.457 and rubber deteriorates 00:01:25.500 --> 00:01:30.957 when in contact with oxygen, with sunlight. 00:01:31.314 --> 00:01:32.799 These things don't last forever. 00:01:32.800 --> 00:01:34.871 Eventually, the rubber will dry out, 00:01:35.429 --> 00:01:39.729 and this vial will no longer be vacuum-sealed and sterile. 00:01:40.640 --> 00:01:42.629 The other thing is it's temperature-dependent. 00:01:43.900 --> 00:01:45.529 Anytime you have a seal, 00:01:46.229 --> 00:01:48.657 think of your car when the weather changes, 00:01:48.658 --> 00:01:52.157 when it gets cold, sometimes people get slow leaks in their tires. 00:01:52.371 --> 00:01:55.686 The reason why is that when it gets cold, things change size. 00:01:55.687 --> 00:01:56.414 They contract. 00:01:57.114 --> 00:02:00.813 Steel or aluminum of your rim does that at a different rate 00:02:00.814 --> 00:02:03.800 than the rubber of your tire, and it can develop leaks. 00:02:03.801 --> 00:02:05.928 Well, the same thing can happen with these vials, 00:02:05.929 --> 00:02:08.370 and they have a temperature range they need to be stored in. 00:02:08.371 --> 00:02:12.057 It's 39 to 77 degrees Fahrenheit. 00:02:13.129 --> 00:02:16.471 What we will see often is these vials are out of date. 00:02:16.472 --> 00:02:18.040 They're past their expiration date. 00:02:18.041 --> 00:02:19.720 They haven't been stored properly. 00:02:19.721 --> 00:02:21.757 They weren't refrigerated after use. 00:02:21.971 --> 00:02:23.929 There's all sorts of things that can go wrong 00:02:24.171 --> 00:02:26.643 before the blood even makes it to the laboratory. 00:02:27.686 --> 00:02:31.013 Here is the swab that a phlebotomist, 00:02:31.014 --> 00:02:34.257 the person who draws your blood, is supposed to use to cleanse your arm. 00:02:35.520 --> 00:02:38.400 This swab, of course, doesn't have any alcohol in it. 00:02:38.500 --> 00:02:42.700 Now, in a hospital setting, most of the time, 00:02:42.729 --> 00:02:45.314 the phlebotomist will swab your arm with alcohol 00:02:45.315 --> 00:02:47.357 because it's the best antiseptic. 00:02:47.586 --> 00:02:48.988 It dries really quickly, 00:02:48.989 --> 00:02:52.314 but that can't be used when you're testing for alcohol. 00:02:53.143 --> 00:02:57.186 They use this water-based stuff, Betadine or povidone. 00:02:57.840 --> 00:03:01.519 The problem is this stuff, unlike alcohol does not dry quickly. 00:03:01.520 --> 00:03:04.742 This takes a minute and a half or 2 minutes to dry. 00:03:04.743 --> 00:03:07.843 Not just a few seconds, like the alcohol swab. 00:03:08.643 --> 00:03:12.185 Very often, the phlebotomist, not understanding that, 00:03:12.186 --> 00:03:15.213 will simply wipe your arm, wait a few seconds, 00:03:15.214 --> 00:03:16.500 and stick the needle in. 00:03:17.243 --> 00:03:19.771 Your arm has not been properly sterilized. 00:03:19.772 --> 00:03:23.314 A contaminated sample can yield a false test result. 00:03:23.357 --> 00:03:25.645 These are just a few things you need to know 00:03:25.845 --> 00:03:29.114 if you're accused of drunk and driving and the stakes are high. 00:03:29.900 --> 00:03:33.342 If your hopes and dreams, if your career, your family, 00:03:33.343 --> 00:03:37.470 the things you've worked for are at risk, call the experts, 00:03:37.471 --> 00:03:41.843 the people who understand the science of drunk and driving defense.

Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 OWI/DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our OWI/DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world.
He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."
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