Why Would I Have to Get My Blood Drawn to Prove A DUI?

May 15, 2020
driving while drinking

When you are facing a DUI charge, you may assume your BAC will be determined only by a breathalyzer test. However, some situations may require having your blood drawn and analyzed to prove the DUI charge brought by police is in fact legitimate. However, while police and prosecutors may have you believe a blood test is without error, do not rely solely on their opinion. Instead, hire the services of DUI lawyers in Fairfax VA at Rudolphi Law.

When Does a Blood Draw Occur?

In general, there are three circumstances where blood draws are used. These include: 1. When a breath test is not available; 2. When the suspect is physically incapable of doing a breath test and; 3. When the arresting officer believes that the suspect may be intoxicated from drugs. In some situations, a search warrant may be used if a suspect refuses to take a breath or blood test. It is important to note that, contrary to common belief, Virginia does not allow a person to elect which type of test they take. If you find yourself having police try to force you into having your blood drawn for a suspected DUI, never try to handle these situations on your own. Rather, hire the services of experienced and knowledgeable DUI lawyers in Fairfax VA at Rudolphi Law.

Toxicologist Testimony

When you are subjected to a blood draw for suspicion of DUI, the court will often rely on testimony from a toxicologist who examined the results. Though they will rely on basic scientific and pharmaceutical data, that does not always mean they are correct. Perhaps the blood samples taken from a DUI suspect are mishandled by police or lab workers, creating inaccurate results. Maybe the second opinion of another toxicologist differs from the government’s conclusion. Therefore, never assume the testimony of the toxicologist is foolproof.

If you are facing DUI charges based on a blood draw, you need a lawyer who knows the various ins and outs of a DUI blood draw case. Schedule a consultation quickly with DUI lawyers in Fairfax VA at Rudolphi Law.