Blood Testing for DUI
Were You Required to Submit to a Blood Test in Phoenix?
breath tests are generally accepted to be fairly accurate sources of finding the blood
alcohol concentration (BAC) of a driver, it is important to note that
they are not as accurate as a blood test. A breath test merely estimates
the BAC of a driver, while a blood test would measure it. Due to the many
factors that can make a breath test invalid, in order to obtain convictions,
officials prefer to obtain blood samples.
Blood tests are also much more reliable than police testimony which can
be biased and slanted in their favor in order to justify the arrest. Generally
speaking, the blood test is considered to be one of the most accurate
forms of chemical testing and is usually held as an authoritative determining factor.
Common Errors in Blood Tests
Does this mean that blood tests are foolproof? Of course not! As blood
tests are handled by humans,
they are subject to human error. One of the biggest issues that can typically arise with a blood test
includes what is known as the "chain of custody." This means
that the sample does not stay in one place. During the process, it will
pass through many different people and will therefore be transported.
It is not impossible for there to be a mix-up in the process and for someone
to be left with results for a test that does not belong to them.
Other errors that will be addressed will include whether the person who
administered the test was properly and adequately trained, if the test
was administered following protocol and if the test was kept free from
outside contamination. For instance, if rubbing alcohol was used to clean
the area where the test was administered, the test results could have
been skewed and could have given a false reading. Always contact a criminal
defense lawyer before assuming that your blood test is completely accurate
and without error.
Violating Civil Rights
Giving blood can also be extremely dangerous and even life threatening
for some people, such as hemophiliacs. Many people have serious phobias
when it comes to needles, or they are not permitted to draw blood because
of religious convictions. There is a certain level of privacy and civil
rights protocol that must be considered when conducting sobriety tests.
Doctors are required under the Hippocratic Oath to adhere by their patient's
rights and wishes and respect their decisions. In which case, if the driver
refuses a blood test, then a breath or urine test can be administered.
If a blood test was conducted against their will, then the driver may
be able to sue for assault and battery, because it is a blatant violation
of their civil liberties.
Defending Your Rights: Phoenix DUI Lawyers
When you are in need of an experienced DUI lawyer that you can trust, it
is vastly important that you do not hesitate to contact Knowles Law Firm,
PLC. With a reputable track record of success over the years, they have
shown that they back up their promises and follow through for their clients.
Their legal team has what it takes to handle even the most complex of
DUI cases, including those involving
extreme DUI and
super extreme DUI, and they will go the extra mile to help you settle your criminal matter.
For this reason, it is highly encouraged that you
do not waste a moment in contacting them. They recognize how much havoc a drunk driving conviction can have on
your future and they are fully devoted to helping you obtain the best
possible outcome for your case. Should you choose to work with them, you
will be able to be confident knowing that you have an assertive advocate
on your side who will do everything possible to defend your rights and
give you the fighting chance you deserve.
It is, however, vastly important that you get them involved as soon as
possible. The preparation and preemptive ground work is crucial when fighting
a DUI charge, the sooner you they begin actively researching and gathering
evidence for your case, the better. To schedule your initial case consultation,
contact a Phoenix DUI lawyer from the firm today.