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Repercussions Of Blood Tests During A DUI Stop



Whether you submit to a blood test or decide to exercise your right to refuse, repercussions of your decision have the potential to affect your life for years to come. DUI attorneys do not always agree on the best course of action, so it is imperative to find a DUI attorney with both knowledge and experience.

When, Where and How You Take the Blood Test

The repercussions of a blood test depend on several factors:

  • When you take the test - You have the right to refuse all field sobriety tests the officer asks you to take prior to your arrest.
  • Where the test is administered - Blood tests should be administered in a laboratory setting.
  • How the test is performed - Lab technicians must follow strict rules regarding how the blood is handled and stored.

Ask for a Blood Test

After you are arrested and taken into custody, you will be asked to undergo a BAC test. Most law enforcement agencies use a breathalyzer machine for this test, but officers are required to inform you that you may choose a blood test in lieu of the breathalyzer.

A blood test is the most accurate form of BAC testing. Unless it can be shown that the test was administered or handled incorrectly, it is difficult to disprove a blood test. However, the mishandling of blood tests does occur. For more than one year, technicians at a Columbus, Ohio, police lab negligently mishandled hundreds of blood tests.

If the tests are performed correctly, the evidence is very solid, and most agencies are required to keep the blood samples for several months in case further testing is ordered.

Refusing a Blood Test

Refusing to take a blood test or another court-admissible BAC test is grounds for severe penalties. When you receive your driver's license, you agree to submit to such tests if you are arrested for DUI. If you refuse, the police will not have the evidence to submit to the court, but prosecutors may still be able to convict you. The penalties for refusal may include one or more of the following:

  • Suspended license
  • Revoked license
  • Fines
  • Auto insurance surcharges