Legal•Info

Blood Testing

Drunk driving is a very serious offense, no matter if you get caught or not. Knowingly getting behind the wheel of a car while intoxicated is not only dangerous, it\\\'s against the law. No matter how many people lose their lives due to drink driving or how many laws are passed to restrict it, however, people still continue to to drive while intoxicated. It is one of the most dangerous things that a driver can do behind the wheel; they are not only putting themselves and their passengers at risk, but endangering the lives of everyone else on the road as well.

There are a variety of different ways that a police officer can determine if someone has a blood alcohol content (BAC) higher than the legal limit in their system. One of the most accurate ways is through blood tests. Blood testing is the one of the only solid ways to prove that the person had more than the legal limit of alcohol in their system.

A blood alcohol test measures the amount of alcohol in the blood at the time a blood sample is taken. Blood testing does not reveal how long an individual has been drinking and it does not necessarily show whether or not the person has a drinking problem. Blood tests are difficult to perform on the side of a road while pulled over, so they are usually taken after an arrest has been made through other testing methods, such as a breathalyzer and other field testing methods. When the driver is taken into custody, a blood test would then be performed at the police station. The results from this test will be entered into evidence for a further court case and criminal investigation. A blood test should only be performed by someone certified to do so; an officer is usually not certified to do a blood test, as there are many steps that must be taken in order to make it as correct as possible.

When the person who has been certified to take the sample does so, he or she will draw the blood into a glass tube. The tube should contain a small amount of white powder an anticoagulant that will keep the blood from fermenting or processing further. If there is no anticoagulant, the blood will ferment, creating natural alcohol in the process, throwing off the blood test completely. If you find yourself in a situation where a blood test is required to prove BAC, be sure to tell the officer if you are taking any medications that may throw off the test or make it dangerous for you to have blood drawn.

A blood test may be taken to prove the presence of both drugs and alcohol in the system. The blood sample must be run through a special device, so the results will not be readily available. Again, a blood sample is usually only taken if there is other supporting evidence that the person is intoxicated above the legal limit. Due to the intrusive nature of the test and its costs, blood tests are not regularly or routinely used to determine BAC.

If you have been convicted of drunk driving with a DUI or DWI offense and were subjected to blood testing, it is important for you to get in contact with a lawyer as soon as possible. An experienced DUI/DWI lawyer will be well versed in this area of the law and will know the proper ways to challenge a blood test, file paperwork, and contact the necessary parties involved. Fighting blood tests is often much easier than fighting a breathalyzer test because of the steps and people involved. If your lawyer is able to find an error in the process, your charges may be dropped. Consult a lawyer today and find out what your legal options are.