When pulled over for DUI (Driving under the Influence), a police officer can request a blood test to be drawn from you. This is to determine if you really were intoxicated at the time of the arrest and therefore had violated DUI laws in Nevada. To learn more about how blood test works in DUI and how your DUI attorney can help, read this post further.
When is a blood test for DUI required?
It is during a suspect drug driving where a police officer will request for you to have a blood test—simply because drugs cannot be detected through breath, rendering Breathalyzers useless. If you are arrested for alcohol, you cannot have the option for either a breath or blood test. Choosing a blood test is costly, not just in time but also in money as you have to shoulder the payment for the particular examination.
When can you refuse a blood test?
A blood test is a form of evidentiary testing and rejecting it can be an obstruction to legal proceedings enforced in Nevada. This is the reason why you cannot refuse a blood test unless you are only being indicted by the arresting police officer for alcohol.
Refusal of a blood test in DUI could lead to the suspension of your driver’s license for a year. This is also detrimental to your case as refusal can be used as evidence that you are guilty of hiding something from the arresting police officer.
How is blood test conducted?
When the police had decided that you need to have a blood test to prove your intoxication, you will be taken to a licensed testing facility for booking. A licensed physician, a phlebotomist, an emergency medical technician, and a registered nurse are only some of the professionals that can draw blood for you. With the assistance of your DUI attorney, you can request a separate blood test for yourself with results that you can use to counter false positive outcomes in court.
How do you fight charges made by a faulty blood test?
A blood test in DUI is easily contested. Since you have no way of knowing if your blood test is actually handled well or not tapped at all, you can challenge the accuracy of the results by stating that faulty equipment was used during the testing and that it was performed by incompetent or uncertified professionals. Of course, if you are going to use this defense, you need solid proof gathered by you and your DUI attorney.
Another defense that you can use is the simplest one: you are not under the influence of drugs at all. And if you were, it was due to involuntary intoxication.
Blood testing is a testament to the firmness of Nevada law to convict those who are guilty of DUI. To avoid finding yourself being sentenced as one, you need the help of a DUI attorney during the blood testing and through the trial, if it gets pushed through.