DUI Blood Test

DUI Blood Test

One of the most common tests administered by police officials to determine if you are operating a vehicle while under the influence (DUI) is a blood test. While the results can be accurate down to a hundredth of a percentage, the tests have many things that can make them be invalid. And the blood tests might have been improperly gotten, either through the police following the wrong process or the lab where the blood was collected did something wrong. There are a lot of variables that need to be followed in order for the test to be legal and for the results to be accurate. An Orlando DUI attorney has many means to fighting DUI charges for you.

When a Blood Test may be Required

• When you are pulled over for a suspected drunk driving or impaired driving charge, the police officer might do one of several things. First, they will most likely have you do a variety of field sobriety tests to see your behavior and to determine if or how drunk you really are. They will probably perform several types of tests, such as reciting the alphabet backwards or walking along a line without falling. The purpose of these tests is to check your cognitive abilities, but also to observe you. They are required to observe you for at least twenty minutes before they can ask for a breathalyzer test or a blood or urine test to check your blood alcohol limit.

• If you are asked to take a breathalyzer test first, then you will blow in to a machine. This machine immediately registers a blood alcohol limit that might or might not be accurate. Depending on the readout, you will either be let go if you are under the limit or you will be arrested if you are over the limit. If the police suspect you are well over the legal limit, they may transport you to a lab or a hospital to get a more accurate reading.

What if I refuse the Breathalyzer or Blood Test

• Refusing either the breathalyzer test or the blood test can earn you more charges. Refusing the test can also get you an immediate driver’s license suspension. The police have a right to ask you to submit to the test with reasonable suspicion and after twenty minutes of observation. After that time, if you do not comply, there can be more charges added to your arrest and you will have to pay even more in court fees, lawyer fees and potentially face charges on your driving record.

The blood test will be a more accurate test on your blood alcohol level, but only when it is administered properly. There can be a lot of mistakes in a hospital or a lab, especially when they are busy, so there is ample opportunity for an Orlando DUI attorney to find ways to have the charges dismissed. The lawyers will almost always tell you to submit to any type of test requested, since the tests almost always have accuracy problems and are easier to get dismissed than if you refuse the test in the first place.