Case Results

Failure to Apply Ferment Makes Blood Test Result Inadmissible

Sam was charged with aggravated DWI. His BAC level was recorded as 0.21. Sometimes it is possible to challenge the manner in which evidence is obtained or maintained, by focusing on who performs the test, how it was administered, and how the blood sample is stored. If a blood sample is taken, an anti-coagulant must be applied to the blood sample directly after it is obtained to prevent fermentation. If fermentation occurs, this compromises the validity of the sample because it could lead to inaccurately high results. In this case, by executing a sophisticated defense technique such as this, Ryan was able to exclude the breath result prior to trial.

Result: Not guilty.

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Ryan Russman

Attorney Ryan Russman has dedicated his career to fighting for the rights of New Hampshire citizens. His practice, based in Exeter (Rockingham County) New Hampshire, is limited to cases involving DWI and DUI, other motor vehicle and criminal cases, and many cases involving personal injury. He is, however, best known as one of New Hampshire's leading legal authorities on DWI.