DUI Blood Test Laws
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What Is a DUI Blood Test?
A blood test takes a sample of the person’s blood and measures the amount of chemical substances in their blood. These tests are generally not given at the scene, since only a qualified person can administer the test. Blood tests are quite accurate since it can pick up traces of any substance a person has ingested.
Each state has different regulations as to:
- Who is qualified to give a blood test
- How these tests are taken
- How these tests are transported
- How these tests are analyzed
Who Is Qualified to Administer a Blood Test?
Qualified individuals will vary from state to state. Generally, a person who is under the supervision of a qualified physician or has been licensed in phlebotomy will be deemed capable of administering blood tests.
How Reliable Are Blood Tests?
Blood tests are more reliable than breathalyzer tests. However, a blood test given by a person who is less than qualified, an improperly administered test, or a tainted blood sample would allow the reliability of the blood test to be challenged in court. Moreover, even if a qualified person gives a blood test, errors can occur.
Am I Required to Take a Blood Test If Asked To?
Every state has "implied consent" laws; if you drive, you are “consenting” to being subject to DUI or DWI testing upon being suspected of DUI or DWI. The penalties for not cooperating vary from state to state. For example, some states automatically suspend your license if you refuse to take a blood test, while other states simply cite it as uncooperative behavior.
Seeking Legal Help
Blood tests are notorious for being reliable. If you have been subject to a blood test, and are facing prosecution for a DUI or DWI, you should consider contacting an experienced criminal defense lawyer to help you understand your rights and defenses.
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Last Modified: 10-15-2014 03:01 PM PDT
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