When you breathe into a breathalyzer, you might expect that the device will show that you weren't drinking or that you may have not had that much. However, you may later discover that your blood alcohol content (BAC) is above the legal limit. After being incarcerated for a DUI, it is often a good idea to seek an independent blood test.
Always Accept an Independent Blood Test
Oftentimes, you are given the option of an independent blood test after a breathalyzer and blood test have been performed. There is no reason not to do this. in this case, the officer has gathered evidence against you, but you have the legal right to prove your innocence and that the evidence that the officer has is not correct. Therefore, you have the right to obtain your own evidence.
Cases are Dismissed for Failure to Offer a Free Blood Test
If you ask for an independent test, you may have your case thrown out of court simply because the officer failed to uphold your right to have an independent test performed. You'll be able to have an independent test performed at any hospital. To have a test performed, you have the right to be released from jail. Pay attention to if the police interfere with your attempt to have the test performed in any way.
You Have Rights
The reason why you are given this right is that you have the right to due process and fairness. Because the police have the ability to gather any evidence they need against you, you must also have the ability to gather evidence against them. Also, if there was something wrong with the blood test or breathalyzer, you'll want to have it corrected.
Blood Tests Can Fail
Blood tests can suffer from many errors. The test might not have been performed properly. The blood sample might have become contaminated. Your blood test might have been mixed with another blood test. Your own independent blood test would need to be performed promptly before the blood leaves your system, so the police only have a small window to grant you your right to have the test performed.
If you're not sure where to proceed after being arrested for a DUI, it's recommended that you contact a DUI defense attorney. There may be other ways your rights haven't been upheld and this may allow you to have your DUI case thrown out of court.Share
9 July 2019
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.