DUI Blood Test - the Law
A blood test takes a sample of the person¿s blood and measures the amount of alcohol in the 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.
Who Is Qualified to Administer a Blood Test?
Each state has different regulations as to who is qualified to give a blood test, how these tests are taken, transported, analyzed, etc. An experienced attorney will know if the correct procedures were followed.
How Reliable Are Blood Tests?
Blood tests are more reliable than breathalyzer tests. However, a blood test given by an unqualified person, an improperly administered blood test, or a tainted blood sample would allow the reliability of the blood test to be challenged in court. Even if a blood test is given by a qualified person, 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/DWI testing upon being suspected of DUI/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.
Should I Get a Lawyer Even after Failing a Blood Test?
Blood tests are generally very reliable. However, you should still get an experienced DUI attorney to help you explain your rights or defenses.
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Last Modified: 09-23-2010 03:02 PM PDT