With most DUI stops, the arresting officer will first perform a breathalyzer test to determine if the driver is under the influence of alcohol. However, an alternative method for determining whether you are under the influence of alcohol is to perform a blood test.
Why Blood Tests are Performed
In some cases, having a blood test performed might be preferable to having a breathalyzer test performed. For example, if you are concerned about the accuracy of the breathalyzer and you know that your blood alcohol content (BAC) is not above the legal limit, you may prefer to take a blood test because you will be less likely to have a false positive.
The blood test must be administered by a licensed physician assistant, a registered nurse, or some other type of medical professional. The equipment used to draw your blood must be properly stored and must be sanitary.
Your Right to an Independent Blood Test
You have the right to have your own independent blood test conducted at your own expense and you can leave the police station to have this performed. If your right to this test is not upheld, you may be able to have evidence produced by the blood test suppressed and you will be more likely to be acquitted.
How a DUI Lawyer Can Identify Errors in a Blood Test
Hiring a DUI lawyer is essential when you are charged with a DUI. The lawyer will be able to identify how the blood sample was analyzed and will be able to determine if the method of analysis follows best practices. The method used to analyze the blood sample must be supported by science.
Human error or equipment error could lead to the blood test producing a false positive. Your attorney can obtain the lab reports and might determine that the methods used to test the blood sample were not correct or they might identify that the equipment used to test the blood sample was not properly maintained.
Once your DUI lawyer is able to prove that there was something wrong with the blood test, they may be able to have you acquitted of your DUI charges. This will allow you to avoid the consequences that you would face from a DUI charge such as being required to serve jail time and pay fines. You will be allowed to continue to drive and will not have to take a DUI class.