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.
View transcript
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Hi, I'm Andrew Mishlove
from Mishlove & Stuckert.
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We are Wisconsin's only true specialists
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in defense of accusations
of impaired driving.
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Today I've got with me
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an official law enforcement
blood testing kit.
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This is the kit
that is distributed to hospitals
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around the state of Wisconsin,
clinics, and police officers
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for the collection of blood from people
who are accused of drunk and driving.
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I'd like to show you a few things in here.
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First of all,
there are the vials themselves.
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These are called gray top vials.
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In the blood testing world,
these tops on these vials,
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you can see this one is gray,
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are color-coded
for different kinds of tests.
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There's dozens and dozens,
if not more, different kinds of vials
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depending on what is being tested,
what's the medical purpose of this.
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Grey top vials like this
have some chemicals in the bottom.
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You can see a pinkish-white powder
in there at the bottom.
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It's not too much, but it's in there.
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It contains sodium fluoride,
and potassium oxalate.
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If you look carefully,
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you can't really see it,
but there's an expiration date on here.
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The vial is glass.
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The stopper here is rubber,
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and rubber deteriorates
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when in contact
with oxygen, with sunlight.
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These things don't last forever.
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Eventually, the rubber will dry out,
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and this vial will no longer
be vacuum-sealed and sterile.
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The other thing is
it's temperature-dependent.
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Anytime you have a seal,
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think of your car
when the weather changes,
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when it gets cold, sometimes people
get slow leaks in their tires.
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The reason why is that
when it gets cold, things change size.
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They contract.
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Steel or aluminum of your rim
does that at a different rate
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than the rubber of your tire,
and it can develop leaks.
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Well, the same thing can happen
with these vials,
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and they have a temperature range
they need to be stored in.
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It's 39 to 77 degrees Fahrenheit.
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What we will see often
is these vials are out of date.
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They're past their expiration date.
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They haven't been stored properly.
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They weren't refrigerated after use.
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There's all sorts of things
that can go wrong
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before the blood
even makes it to the laboratory.
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Here is the swab that a phlebotomist,
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the person who draws your blood,
is supposed to use to cleanse your arm.
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This swab, of course,
doesn't have any alcohol in it.
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Now, in a hospital setting,
most of the time,
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the phlebotomist will swab your arm
with alcohol
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because it's the best antiseptic.
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It dries really quickly,
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but that can't be used
when you're testing for alcohol.
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They use this water-based stuff,
Betadine or povidone.
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The problem is this stuff,
unlike alcohol does not dry quickly.
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This takes a minute and a half
or 2 minutes to dry.
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Not just a few seconds,
like the alcohol swab.
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Very often, the phlebotomist,
not understanding that,
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will simply wipe your arm,
wait a few seconds,
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and stick the needle in.
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Your arm has not been properly sterilized.
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A contaminated sample
can yield a false test result.
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These are just a few things
you need to know
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if you're accused of drunk and driving
and the stakes are high.
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If your hopes and dreams,
if your career, your family,
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the things you've worked for are at risk,
call the experts,
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the people who understand the science
of drunk and driving defense.