Challenging Hampton Roads DUI Blood Tests
Breathalyzer tests are the most common way to determine intoxication in Hampton Roads, but in some cases, a police officer may request a blood test instead. Blood tests are extremely accurate in determining a person’s blood alcohol content and are very rarely challenged in court.
If you were arrested for a DUI, you should call an experienced DUI lawyer as soon as possible. You may be concerned that challenging Hampton Roads DUI blood tests is impossible, but a seasoned defense attorney knows how to handle cases like yours.
When Police Officers Can Request Blood Tests
Police officers can request blood samples be taken as part of the implied consent in Virginia. They usually prefer a breath test because it is easier and less invasive, but if the person is hospitalized due to an accident and they are in the hospital already, they may request a blood sample. If they have some difficulty in obtaining a breath test and believe it is necessary to draw blood, they can do that. The local police do prefer to take a breath test over requesting blood to be drawn.
Any blood test will occur at a hospital, in a controlled environment with medical professionals who can testify about how the procedure was done, that it was done properly, and in accordance with the law.
Accuracy of Blood Tests for Drugs
A blood test can show the presence of substances, but it may not necessarily be able to show the precise concentration. The impairment tends to come down to the judgment call by the police officer as to whether or not the person was acting in an impaired manner. They cannot show that there was illegal substance in a person’s system.
Refusing a Blood Test
A person can refuse a blood test for health reasons. If there was no reason for the officer to draw their blood in the first place, they could also refuse. For example, if the police officer had no probable cause to arrest them, the arrest was not valid, or if they were not on a public highway in Virginia (on a private roadway).
If the police officer tries to draw someone’s blood in these situations, they would not be required, under implied consent, to give any sort of sample.
Challenging Blood Test Results
Challenging Hampton Roads DUI blood tests can be difficult, but an experienced DUI lawyer could analyze the facts of a case and determine an effective defense. A defense attorney could:
- Consider when the test was taken (to see if it was taken within the appropriate time limit)
- Determine when the machine was last calibrated
- Find out if the machine has had any issues in the recent past
- Critique the procedure the officer followed in giving the test to determine if the test was done correctly within Virginia law
The defense will look for any mistakes the officer or the medical official may have made when performing any test.
Contacting a Hampton Roads DUI Attorney
If you were arrested for a DUI and given a blood test, contact an attorney today and schedule a consultation. A veteran attorney has experience challenging Hampton Roads DUI blood tests, and they may be able to find a flaw in the prosecution’s case.
