Challenging DUI Blood Tests in Fredericksburg
Whenever someone is arrested for a DUI, they may be subject to take a blood test. Blood tests may be used by authorities to determine the amount of alcohol or drugs was in the individual’s bloodstream. The Virginia Code indicates that an officer can request for blood to be drawn any time a breath test is unavailable or if the person is physically unable to submit to a breath test. The person submitting to a blood test will submit either at a hospital or a clinic where a certified nurse will administer the blood test.
Although blood tests are generally accurate, there could be issues that arise regarding the tests and the arrest, which is why someone may want to challenge the results. If you have taken a blood test following a DUI arrest, reach out to a seasoned DUI attorney who is experienced in challenging DUI blood tests in Fredericksburg.
Accuracy of Blood Tests
A blood test is more reliable than a breath test in determining the blood alcohol content because the breath test is extrapolating information from the ethanol exhaled in someone’s breath, while a blood test is actually measuring the amount of ethanol in a given blood sample. This means it is less likely for the result of the blood test to be disputed.
When it comes to determining the quantity of drugs in the bloodstream, blood tests can be very accurate. However, the quantity of drugs in a person’s bloodstream does not necessarily indicate impairment. There are some drugs that stay in the bloodstream for a significant amount of time and have a very short period of impairment, while other drugs that have a longer period of impairment stay in the bloodstream for a shorter period of time. It is impossible to tell just from the levels of substances in a bloodstream whether there is actually impairment in most cases. This is why having an accomplished lawyer who is knowledgeable about challenging DUI blood tests in Fredericksburg is important.
Virginia is an implied consent state, which means that an individual who is arrested for DUI has agreed to submit to a breath test or a blood test if a breath test is unavailable. By driving on the roads in Virginia, the driver has consented to submit a blood or breath test if they have been arrested for a DUI.
While breath testing is always unavailable for drug cases, an individual in certain circumstances may still refuse to take a blood test if a breath test is available. A person could refuse a blood test if their religious beliefs prohibit the drawing of blood.
However, if someone does refuse a blood or breath test, their license could be suspended for a year and the test refusal could be used against them in court.
An Experienced DUI Attorney Could Help
There are multiple steps that can be taken to challenge the results of a blood test, both before and after the test is taken. An experienced DUI attorney could look into the facts of a specific case and analyze whether the officer had the probable cause required to make the arrest. The first way to challenge the result of a blood test in a DUI case is to file a motion to suppress, arguing that the officer did not have probable cause when they arrested the individual and that the result of any tests taken afterward should be inadmissible in court.
Additionally, an attorney could investigate the analysis that was completed in the certification of the individual drawing the blood as well as the certification of the individual testing the sample. They often want to make sure that a proper chain of custody of the blood sample has been taken to ensure it has not been contaminated in any way. If the sample has not been cared for or the defendant was not properly tested, then the lawyer could challenge the results.
Challenging DUI blood tests in Fredericksburg is difficult and complex, but a well-trained attorney could help you challenge the results of your test. Call today to schedule a consultation.