Independent Blood Testing
When arrested for a DUI, law enforcement may do a breath test or draw blood. Blood test results can take weeks, even months, to come back but there can be advantages to having blood tests done instead of a breath test.
First and foremost, you can have your blood retested by an independent lab. It might show a lesser amount of alcohol than the police report, or show some inconsistency that helps your case. Samples could be mistakenly switched, contaminated, not refrigerated, fermented or collected by personnel not properly trained or authorized by statute. If there are significant abnormalities in the blood sample, Mr. Weiss might be able to get the charges reduced or even dropped. Mr. Weiss can also assist you in finding a lab to have your blood retested.
When arrested, you can usually request either a blood or breath test, unless the arresting officer reasonably suspects you have other drugs or chemicals in your system. If so, you will then be required to take a blood test, give a urine sample, or sometimes both.
Is a blood test or breath test better for me?
As mentioned before, the choice is often up to you. A blood test can be independently retested, possibly to your advantage. However, a breath test also has an advantage in the variables to challenge. A breath test is also less invasive and gives immediate results. There’s no exactly right choice and usually the decision is made long before you’re talking with your lawyer.
Given a choice we always recommend the blood test and having it re-tested due to potential inaccuracies during the testing done by law enforcement labs.
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