What type of motion can be filed to challenge the fact that when my blood was drawn, the drawer used an alcohol based wipe and the likelyhood of raising the "BAC" that was taken from me, thus contaminating the sample?
1 Answer from Attorneys
I doubt that the alcohol in the sterile skin swab would influence your BAC reading measurably, but even if it did, in order to win on such a motion, you would need expert testimony from a qualified toxicologist or other medical/biochemistry professional. You would be working against a presumption in favor of the accuracy of the official Speaking with an experienced criminal lawyer would be your best bet in terms of how best to accomplish this.
Do not assume that I am your attorney because of my response here, so I will not be taking any action on your case without additional arrangements. See fifteen years of other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency http:// or at www.lawguru.com/answers/search/attorney/jknixon AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency.
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