After being charged with a DUI, a blood test might be administered to determine
your blood alcohol concentration (BAC) levels. Since this test requires
the attention of a qualified individual, blood tests are generally not
given at the scene to ensure the sample is not compromised. If a qualified
individual did not administer your blood test or it was stored or transported
improperly, your DUI attorney could challenge the accuracy of its results.
Taking a Blood Test
There are many key components involved in obtaining a blood sample in a
DUI case. First, every state has an implied consent law, which means that,
if you refuse to submit to a blood test, you will face some penalties,
such as an automatic license suspension or revocation, depending on the
details of your circumstances. Driving is considered a privilege and,
therefore, when you operate a motor vehicle, you are essentially giving
your consent to DUI testing.
Additionally, although every state has implied consent laws, in 2016, the
U.S. Supreme Court found that police must first acquire a warrant before
compelling a driver to submit to a blood test, unless the individual is
unconscious. However, a warrant is not required if, instead of a blood
test, a breathalyzer test is administered. If an individual refuses to
submit to a breathalyzer test, he or she might face criminal charges for
this refusal. If an individual refuses a blood test, he or she will not
face criminal charges.
When a blood test is administered without a warrant, it is considered unconstitutional
and, as a result, it can result in a dismissal of your DUI case. A person’s
blood is a matter of privacy and, unlike a breath test, it is considerably
more intrusive and invasive, which is why a warrant is necessary in such
cases. Remember, your blood can do more than reveal your BAC levels and,
much like your home, the Fourth Amendment protects it against unreasonable
search and seizure. That is why, although your license might still be
suspended or revoked for refusing this test, you will not suffer any criminal
charges for exercising your constitutional right.
If refused to submit to a blood test, but law enforcement disregarded it
and obtained a sample, you must reach out to an experienced attorney to
ensure your case is properly handled and your rights are protected.
Discuss Your DUI Case with an Experienced Criminal Defense Attorney Today!
If you are facing
DUI charges, reach out to the fierce legal advocates at the Willis Law Firm
for the exceptional legal guidance and advice you need to safeguard your
future. We understand how overwhelmed you must feel, but you should not
resign yourself to defeat. DUI cases are not slam-dunk cases, especially
if law enforcement officials did not properly handle obtaining a blood
or breath sample. Our experienced DUI defense attorney will examine the
details of your case to build the strongest possible defense on your behalf.
Get started on your DUI case today and
reach out to our law office at (404) 566-5199 to discuss the details of your case
during a free initial case evaluation.