There are three chemical tests police officers utilize to determine one’s intoxication: blood, breath and urine. But which test is the best to take? Which is the worst? There is no right answer. The common thread between the three tests is that they each have there own flaws – an important part of your defense if you have been charged with a DUI.
If you submitted to a blood test, please read the following information. It is important to understand the pros and cons of this type of chemical test and how it relates to your case.
Police officers usually rely on breath tests because it is easier for them to transport the device and it can be conducted right at the site of the traffic stop. However, sometimes blood tests are used.
A blood test measures the amount of alcohol found in a person’s blood stream. Of the three tests, it is considered to be the most accurate in determining one’s intoxication level. However, this does not mean it is without flaws.
While each state is different, many have laws in place to regulate who is qualified to give a blood test. There are also regulations on how the test is given, where it is taken, how it is analyzed and how it is transported.
Now keeping this in mind, look at all the ways a blood test can be given inaccurately! And if there is a flaw regarding any of these situations, you can be your attorney will find out. Your blood sample could have been tainted. It could have been given to you improperly or by the wrong person. And even if the person was qualified, errors can still occur!
If you failed a blood test, don’t give up a hope. As you can see, there are many ways your DUI attorney can fight the evidence against you.
BAC Records
In many situations like all hospital records, blood test records are confidential. However, if you were arrested for a DUI, certain people like the police are legally allowed access to those records. A judge will have to issue a warrant if the police show that there is reasonable cause to believe you violated drunk-driving laws.
Also, if you were involved with a DUI accident and the victim was hurt or even killed, the victim and the family can access your records if they file a civil suit against you. In a civil suit, the victims can subpoena your hospital records to try and prove that you caused their injuries.