Obtaining an independent blood test
If a police officer pulls you over on suspicion of drunken driving, the officer will likely try to perform a test that will provide evidence that you do, in fact, have alcohol in your system.
There are two main ways an officer can test to see if you have been drinking—having you blow into a Breathalyzer or taking a blood sample. You often have the option of choosing one or the other, although police may or may not tell you so.
It is advised that you always choose the Breathalyzer test, as these devices are not 100 percent accurate, and it is easier to discredit a DUI charge when the only proof an officer has that you were driving while impaired is the results of a Breathalyzer.
In addition to being properly trained on administering breath analysis by a Breathalyzer for DUI convictions, there are many criteria required of an officer before his or her readout from the machine can be considered accurate. Finding a missed or inaccurate step in the process is often a simple way for a trained DUI defense attorney to have this data removed as evidence from a DUI trial.
If you can prove that you were not driving under the influence despite registering a BAC of .08 percent or more, you may avoid conviction of DUI. This is where the services of a highly-educated defense attorney will prove invaluable to you. He/She will have the experience to challenge breathalyzer tests that may have a 20 to 30 percent margin of error.
However, the converse is also true. If the state can prove that you were impaired despite registering a BAC below .08 percent, you may be convicted of drunken driving. Again, this is why you need to hire the best possible DUI lawyer that you can.
If you do opt to give the officers a blood sample, all is not lost.
When you are arrested and during the process of your arrest, the police must notify you of your right to an independent blood test and make reasonable efforts to accommodate you after your request.
Upon your release, find a medical facility or hospital that will take a blood sample for you. This may be very important evidence in obtaining an acquittal.
Obtaining this evidence on your own can be an invaluable tool in winning your DUI case.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.