The Law Offices of William Margolin

What Is The Procedure Of The Blood Test In A DUI Case?


One reason that you’d be taken to the hospital to submit to a blood test would be if the officer believes you’re under the influence of drugs (or a combination of drugs and alcohol). Once again, the breathalyzer machine at the station only determines the concentration of alcohol in a person’s system, not any type drug. If an officer’s observations lead him to believe that a person is under the influence of something other than alcohol, or if the person’s breathalyzer test reveals a super low concentration, then the officer’s suspicion would be that the individual is under the influence of a drug. An officer may base this suspicion on something the person says, such as “Yes, I smoked heroin a little bit earlier today,” or something that he found, such as a syringe. If this is the case, then the officer can read that person the warning to motorists and bring them to the station. If that person agrees to a blood test, then the officer will ask the hospital personnel (usually it’s a phlebotomist) to draw a sample of blood. The sample is then analyzed to determine alcohol concentration and the presence of any type of drug, whether it be legal or illegal.

Under some circumstances, an officer can absolutely force a person to give blood. For example, if a person is involved in an accident that killed somebody or caused a Type A injury, then the officer will read them the warning to motorists and secure a sample of blood with or without their consent. The officer can go through procedures to actually have the hospital personnel strap the person down and take blood from him.

Another reason that you’d be taken to the hospital is if you were involved in an accident and need medical help. In that type of situation, they’re certainly not going to take you to the police department and go through the whole process of reading you the warning to motorists. Instead, they’re going to take you directly to the hospital in order to minimize medical damage. Once you arrive at the hospital, an ER doctor is going to need to find out what’s going on with you. They will need to determine whether or nor you have drugs or some sort of medication in your system, because that information is pertinent in moving forward with possible medical treatments (operations, medication administration etc.). So from a medical point of view, the medical personnel will draw your blood to have it analyzed so that they know what is in your system. That is the second way that blood tests can come into play at a trial or at some sort of hearing.

For more information on Blood Tests In A DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

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