Attorney Nick Alcock discusses how blood testing works in DUI cases
If you have been pulled over for DUI in Arizona the police officer will generally ask you to submit to a portable breath test on site. If you are arrested, you may be asked to submit to a blood or breath test at the station or DUI van. Both blood and breath tests are used to measure the blood alcohol content (BAC) in your body. Your BAC reading is one of the key pieces of evidence that the prosecution will use to prove that you were impaired by alcohol to the slightest degree.
Over the years, attorneys have presented numerous challenges to breath testing. As a result, more and more agencies are switching to blood testing.If a blood test was used to measure your BAC, it is important to understand what this test measures, how it is administered and what can affect the results.
Police officers have portable breath testing devices that measure breath alcohol levels in suspected drunk drivers. However, these hand-held units are not very reliable. However, this hand-held device is not admissible in court. A blood test is typically seen as a far more accurate measure of the actual quantity of alcohol in a driver’s bloodstream.
At the station, the police will ask a driver if they are willing to submit to a blood or breath test. If the police want, they can require that a driver take both of the tests. If the driver refuses, the police can ask MVD to suspend their license to drive for a year. The police also have the ability to obtain a warrant to forcibly seize blood from the arm of the suspect.
Many people are afraid of needles and do not want to submit to a blood test. This is understandable. The problem with blood testing is that the police generally extract two vials of blood. Defense attorneys have the ability to retest the blood should they choose. This should be done carefully, however, as the second test can be used against the defendant as well.
At Alcock and Associates, we have well-trained DUI attorneys with a formal background in blood testing who can maximize your chances in a DUI blood test case. Please don’t hesitate to give us a call at 602-989-5000 for a free, confidential consultation. We would be more than happy to answer any of your questions about your case.
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