What do you mean by that?  Aren’t these tests reliable and accurate?

“You may like to think so, but it isn’t true.  With breath machines, there are many sources of contamination and error.  They usually don’t test the temperature of the person’s breath, even though elevated temperature can cause a higher reading.  These tests are all based upon a fictitious ‘average’ person, which none of us are.  There’s a long list of problems, longer than we’ve got time to talk about, but this is something that I spend a considerable amount of time and energy studying.”

What about the blood test?  Is that accurate?

“Sometimes yes, sometimes no.  The biggest problem in forensic blood testing relates to the integrity of the blood sample.  Most people submitting blood for tests don’t notice, but there is supposed to be a white powder in the base of the test tube into which the blood is drawn.  That powder is an anti-coagulant and preservative.  The problem is that the powder is placed in the test tube by the factory that makes the tube, and it is never checked by anyone on the prosecution team.  If the amount of powder in the tube isn’t precisely measured, or if the powder is not properly mixed in with the blood; there will be big problems with the accuracy of the test.  You’ve also got to take into account that in many areas, it is often a week or two before the blood sample is even tested.  Just like grape juice ferments and turns into wine, that blood sample can ferment and create artificially high alcohol levels.”

“There are other problems with blood. too. You’d like to think that the crime labs are nice and clean and look like something out of CSI: Miami.  That’s just not the case.  There are mix-ups, and there are documented cases of blood samples coming back from the lab with a different blood type than the supposed test

subject’s blood.  Recently, there was a case where DNA testing was done and proved it wasn’t the person’s blood the lab thought it was.  It’s not as simple as some would have you believe.”

What should people look for in choosing a good DWI lawyer?

“I tell people all the time to make sure they are comfortable with their lawyers. Everyone should choose an attorney who truly concentrates on DWI defense, seems competent and makes him or her feel comfortable.”

“Hiring a lawyer to defend you is not hiring a one-trick pony.  It is not a single transaction; it is a relationship.  You need to feel comfortable in that relationship.  The average shelf life of one of these cases is several months.  You’ve got to feel good about the person with whom you are entrusting your case.  No one needs several months of dealing with an attorney he or she doesn’t trust and doesn’t like.”

“Also, responsiveness is key.  You should be able to quickly reach your attorney in a time of need.  I forward my office phone to a monitored messaging service after hours.  If you leave a message, I’m paged immediately—no matter what time of the day or night.  I would ask any potential lawyer if I will be able to speak with them after hours.  The response will be very telling.”

You're so dedicated to what you do.

“My social life suffers a little from time to time for talking to clients at all times of the day and night, but it’s the only way I can do what I do and practice law consistently with my beliefs.  I don’t want my clients sitting around worrying about something when they could speak to me for 30 seconds and get answers. I want to be accessible and available to address my clients' concerns."

That kind of service sounds expensive.

“There are lawyers out there who have less experience and who will gladly plead you guilty for far less money than I charge.  But legal emergencies are just like medical emergencies, and a trained professional can be life-saving.  I heard it said that there are three things in life that you never want to skimp on: picking a brain surgeon, buying a parachute and hiring a lawyer.  You’ll never catch me jumping out of a plane with a parachute from the half-off bin!”

Who would you hire to represent you if you were accused of DWI?

“Well, they say that a lawyer who represents himself has a fool for a client.  I’ve never had to cross that bridge, but if I had to gamble on anyone, I’d gamble on me!”

Evan Levow, Esq. can be reached at 
(877) EVAN LEVOW, (877) 382-6538;
cell phone (856) 889-5181; via email
at evanlevow@dwi-nj.com; or online
at www.dwi-nj.com.
Mr. Levow handles cases throughout the entire state of New Jersey.