DUI Independent Blood Test
Under a state’s Implied Consent Law, anyone who is suspected of DUI is required to submit to a chemical test. Failure to comply will result in a DUI arrest and the consequences for refusal are severe. In most states, police officers will administer a breath test with a breathalyzer machine. This device is portable and is the only test police are legally allowed to administer (urine and blood tests must be conducted in a medical facility by trained personnel). In most states, a person can legally request an independent blood test but there are some things to keep in mind should this apply to you. If your state allows an independent chemical test, it must be requested by you at some point during the DUI arrest. Also, while you may have the right to having your own blood test conducted, police may not be required by your state to inform you of your right to do so. However, they cannot prevent you or interfere with your right to receive this test. For instance, they should allow you to make a few phone calls to schedule this test and receive transportation.
It’s always best to speak with a local attorney to determine whether or not an independent blood test is legal in your state. Your attorney can also review whether or not police followed proper protocol. If your attorney exposes improper police conduct, this may be grounds to have your breath test results inadmissible in court. An example might be that you repeatedly stated you wanted to receive an independent blood test but that you were refused to use a phone.
But as was stated earlier, your state may not require police to have to mention that you have a right to an independent blood test. They also do not have to ‘go out of their way’ to accommodate you. For example, you may have said you were interested but if you did not request to make a phone call or did not request some assistance, it’s unlikely that the court will rule that the police followed improper protocol and your test results will probably still be admissible.
