"Especially since the blood test would presumably demonstrate exculpatory evidence in every single case of actual innocence."

Prosecutors will continue to argue what they already argue: That BAC of .08 is not the only way to be guilty of DWI, and that if you blow 0.0 on the breath test (or, test for zero alcohol on a blood alcohol test), then it must have been "some other substance" that caused your intoxication. Translation: The defendant is a druggie!

If you wanted to spend more money on a more comprehensive blood panel (I wonder what the costs might be) you might actually give defendants more room to argue if they have legal or arguably legal substances found in their blood. It mmight add to claims of prescription or OTC meds being the cause of their 'intoxication' (and make a jury less likely to convict, even if they are still legally liable).

I'd be more worried about blood testing, if it becomes more prevalent, supplanting breath testing and thus greatly increasing expense and complications. For example, how will small town/rural jails ensure RNs are on hand, chain-of-custody, biologic handling, etc. Indeed, I've heard of several "declined prosecutions" because of jails not complying wtih TransC sec. 724.019, a separate issue but one that I think illustrates how unprepared many jails are. I think more blood testing might fall under the category "be careful what you wish for."

Blood testing will only be necessary if a defendant refuses to provide a breath sample.

quote:

---

Originally posted by JB:
For an update on the backlog of blood testing, watch this http://www.youtube.com/watch?v=54-JrzrL_jw

---

If anyone else is experiencing delays in getting blood test results from DPS, please let me know (by email) and I will make sure DPS is aware of it -- they have expressed to me an interest in resolving this problem as soon as possible.

While we are changing the DWI law, we need to allow a PBT breath test made at the time of the stop to be admissible at trial.

A good quality PBT with calibration checked daily against a known sample would be a powerful tool.

P.S. The Wisconsin law would be great too.

I thought I read that first time DWI in Wisconsiin is a civil offense, not criminal.

Janette A