DeKalb County Blood Test DUI Lawyer
There are many different types of tests that can be administered if you are pulled over on suspicion of being intoxicated. These include the breath test, blood test, or urine test. The breath test is the only one of these that can be administered at the side of the road and so, it is the most common. However, of all the different types of tests, blood tests are the most accurate.
Due to the implied consent laws of the state, you are required to submit to a blood test when asked by law enforcement. There are certain requirements you must fulfill even after taking the blood test and even if you fail, there are defenses available. Below, our DeKalb County blood test DUI lawyer explains further.
The 30-Day Letter and the Blood Test DUI
Although under the law, you are required to submit to the blood test, you can also refuse. Refusing, though, has certain consequences. For example, a refusal will result in an automatic suspension of your driver’s license. Additionally, if you refuse a chemical test, such as a blood test, you must send the 30-day letter. This letter asks for an Administrative License Suspension (ALS) hearing to try and stop the automatic suspension of your license. If you do not send this letter, your driver’s license will be suspended for one year and there is no further action you can take.
What Happens if You Refuse the Blood Test DUI?
Unlike other types of tests, such as field sobriety tests, blood tests are mandatory if you have been pulled over for a DUI. A refusal will result in an automatic one-year suspension of your driver’s license. For the first 30 days, you will also not be eligible for a limited permit. There are other consequences of refusing a blood test, as well. The first is that it will provide the officer with further reason to believe you are impaired, resulting in an arrest and charges. Additionally, refusing a blood test can also be used against you to indicate your guilt during the criminal trial.
Are There Defenses for Failing a Blood Test DUI?
If you submitted to a blood test and the results came back that your blood alcohol concentration (BAC) was over 0.08 percent there are defenses available. Firstly, blood samples must be collected, stored, refrigerated, and tracked properly. If one of these steps is not followed properly, it can serve as a defense.
Individuals involved in the blood testing may also have to testify about the results, and it is not always easy to obtain this testimony. There is also a great deal of paperwork involved with blood tests and this can often take a substantial amount of time to get through discovery. This can also help with your defense.
Our DeKalb County Blood Test DUI Lawyer Can Help with Your Defense
At The Spizman Firm, our blood test DUI lawyer in DeKalb County knows the best defenses for failing or refusing these tests and can use them in your case to help you beat your charges. Call us now to schedule a consultation and to learn more about how we can help with your case.
