If a driver is arrested for DUI or driving under the influence (also commonly referred to by other names in other states including: DWI, OUI, OWI, or drunk driving) they are required by law to submit to either a blood test, breath test or urine test. This is part of most state's implied consent laws and is a condition of getting a drivers license. Drivers who refuse a blood alcohol concentration test may have their license suspended or revoked. In some states their test refusal may be offered as evidence at their trial as consciousness of guilt.
The most common test used for blood alcohol concentration detection is a breathing test (by more than a 10 to 1 margin), but state laws can vary. It is important to contact a DUI attorney when arrested. Some states will require a breath test, some states allow the law enforcement officer to choose the test, and some states allow the suspect to choose to have all of the tests done. Some states also allow the officer to use a blood test if they believe the driver is intoxicated by drugs.
State laws will dictate how the test is administered, how the blood is transported and secured and who has the legal right to analyze the test results. DUI lawyers in your state should know all of the DUI laws and DUI regulations which govern the proper blood testing procedures and whether or not a blood test was done incorrectly. The ability to challenge the legality of blood testing, collecting and analyzing can also vary by state, but successful challenges, if made, may succeed if there were errors in the operation of the blood testing equipment, a break in the chain of custody of the sample, or the DUI attorney can convince the court that the results of the blood test were not reliable.
Complete the short form below and a DUI lawyer will review your case for FREE!
If you have been arrested for drunk driving you may wonder what evidence the police needs to make a drunk driving arrest and get a drunk driving conviction. Recently on our DUI forum we had a user ask, “Will the charges be dropped for my drunk driving arr...