Evidence of intoxication and alcohol can be traced in someone’s bloodstream for a certain amount of time. This tactic usually needs a blood sample. This evidence is collected by the police and can be used against you in court during the hearing process.
While looking for drunk drivers the police officers may try to force medical procedures on the suspected individual. They will try their best to take a sample of the driver’s blood to conduct a blood alcohol test (BAC).
You can prevent the police from taking your blood, in violation of your rights, by calling an expert DUI attorney who will help you safeguard your rights.
Can the Police Gather Blood Sample Without a Warrant
Whether or not the police can take a sample of your blood depends on the police officer’s legal need to gather evidence in breach of an individual’s privacy. Police officers generally need a warrant for this kind of testing.
If you are stopped by the police and asked for the breathalyzer test, you must let them conduct the test otherwise your license will be suspended. The blood testing part comes after an arrest.
But even if the police can take your blood for testing, they can’t gather evidence forcibly as that violates your rights. Be sure to let your attorney know if the police searched your car without your express permission, and so on.
Can a DUI Attorney Challenge a Blood Sample Alcohol Test?
If you agree to a blood sample for a test, and it exposes an unlawful extent of alcohol in your blood, the case would become hard for you. But even at this point, a professional and skilled DUI attorney can turn the tables around.
An attorney with proficiency in blood testing technology can defy the results of a BAC test in court. An experienced DUI defense lawyer can also help you fight your case, regardless of the results of a blood test, by filing a motion to suppress.
Here are some facts to know about how attorneys can challenge blood tests:
- They can request another blood test. An expert DUI attorney can have your blood sample examined by an independent lab to catch any alterations from the police blood draw results.
- If the police have used an alcohol swab before the blood draw, it contains up to 2% ethyl alcohol, and the attorney can bring up the potential for contamination.
- Attorneys can challenge the test if it was obtained without a warrant.
- Even if they drew your blood after obtaining a warrant, the warrant itself can be challenged.
- Evidence can be challenged based on the blood testing and evidence preservation criteria. There are very strict rules for drawing, handling, and labeling blood samples.
What Happens If I Refuse a Blood Draw Test?
As long as the police officer has reason to suspect you of driving drunk, refusing to submit to BAC testing will result in serious consequences, i.e. suspended license. Even if you are eventually not found guilty of a DUI, you might still lose your driver’s license for the equivalent period that you would have if you were found guilty.
In general, police officers require a warrant against you before drawing your blood, but under some conditions, the officers can perform a test without applying for a BDC test warrant. The Supreme Court of the United States has considered it unauthorized to take someone’s blood without a warrant, except in extreme cases.
Consequently, police officers must pursue a warrant before compelling a DUI suspect to give blood. In a more recent case, the Supreme Court ruled that police may sample from an insensible DUI suspect, although the Court was divided in its reasoning.
However, state law makes obligated blood tests even more difficult for the police to obtain. The law only allows the police to get a warrant during a DUI investigation if a physical injury or death is involved.
It means if you were pulled over for suspicious driving movements, the police won’t be able to get a warrant to test your blood and file a case.
Discuss Your Case With Us
It is essential to get a professional and qualified DUI attorney if your test results are against you. Only a skilled DUI defense lawyer can help you with additional fines or penalties. At Charleston DUI, our lawyers are highly proficient in solving all DUI-case-associated problems without causing any further issues.