When a Buffalo driver accused of DWI undergoes a blood test, the blood is sent to a laboratory for an analysis of its alcohol content.
The regulations of the New York State Department of Health set forth specific rules regarding what criteria must be met by a technician before he or she may be issued a permit to test blood, urine or saliva for the purpose of determining blood alcohol content.
Before a permit will be issued to test blood, the applicant for the permit must meet the following criteria:
(1) Either be a high school graduate with one year of laboratory experience acceptable to the commissioner of the Department of Health or have satisfactorily completed two years of college study and six months of laboratory experience acceptable to the commissioner.
(2) Demonstrate to the satisfaction of the commissioner proficiency in the chemical analyses of the alcohol content of blood and any other sample type that the commissioner requires. This demonstration involves a proficiency test in which the applicant must correctly analyze at least 75 percent of the samples provided.
(3) Have access to appropriate laboratory facilities for the performance of such analyses.
Permits to test blood for alcohol content are issued for a one year period and renewed annually.
A permit will not be renewed if the permit holder is unable to meet the proficiency requirements on two consecutive tests.
Whether you have taken a breath test or a blood test, the person performing the test should have a proper New York State permit.
If you need the help of an experienced DWI lawyer, please feel free to call us at 716-542-5444.