After a DWI arrest, the prosecution has the burden of proof and must show beyond all doubt that you are guilty of the crime you were charged with. Most often, this is done with different types of blood alcohol testing.

If the police took a blood sample from you to check your BAC, they’re required to thoroughly document where the sample goes and who it goes with at every stage of the process. If they don’t, this may be advantageous in your defense.

Here’s how the chain of custody works in New York DWI cases and how to get qualified legal help when you’ve been arrested for drunk driving.

How Will Prosecutors Prove The Chain Of Custody Was Intact?

Law enforcement officers and prosecuting attorneys already know what they need to prove chain of custody before they even perform the test. This means they’ll likely be extremely careful at every step of the process to make sure the results they get are reliable and admissible in a New York court of law.

This usually includes:

• Keeping accurate records of any person who handles the test sample
• Properly calibrating the equipment before performing a test
• Making sure the test sample can always be accounted for
• Documenting the collection and testing process to ensure it complies with all applicable  healthcare and legal standards

They may also opt to videotape the collection process so there’s absolutely no question who the sample was obtained from, who collected it, and how it was done.

What Happens If The Chain Of Custody Is Broken?

If at any point the police can’t show where the sample was or who it was with, your lawyer can use this to sow doubt that the test results are even yours. Although unlikely, there’s a possibility that your sample could have been compromised or tampered with during the time the police can’t account for it.

This small bit of doubt is all you attorney needs to question the validity of your test results and file a motion to have them suppressed. If successful, prosecutors will have a much harder time proving that you were actually intoxicated at the time of your arrest.

Call An Experienced Brooklyn, NY DWI Lawyer Now

If you were arrested for drinking and driving in New York, don’t hesitate to reach out for legal help. Call Mark Cossuto today for a consultation at (718) 852-8047 or toll free at (800) 609-4545.