DUI Blood Tests: What You Need to Know
In our previous blog entry, we spoke about the unreliability of voluntary field sobriety tests and why you should never consent to taking one. In this article, we’ll focus on blood tests used by police in DUI enforcement.
No Right of Refusal Blood Tests
Unlike field sobriety tests (one-leg stand, walk & turn, eye test), refusing to take part in a blood test can result in immediate loss of your driver’s license. That’s because when you applied for your Arizona driver’s license, you also gave implied consent to be tested. While many officers have been trained to draw the blood, others will take you to a hospital or other facility for the blood to be drawn.
What the Blood Test is Measuring & How Much Alcohol is Too Much
Stating the obvious, a blood test for DUI will measure the concentration of alcohol in your blood or blood-alcohol concentration (BAC). If your BAC is 0.08% or higher, you’ll be arrested and charged with DUI. How many drinks it takes for someone to reach the 0.08% level depends on a host of factors, including the alcohol content of the drinks, your weight and whether or not you had an empty or full stomach when you drank.
Let Someone Else Perform Your Blood Test
You do have rights that will protect the integrity of your blood test. If you have concerns about law officers performing the test, you have the right to go to a hospital of your choice and request that officials there perform your blood test.
How to Get Your License Back if it’s Suspended
If your license is taken for not submitting to a blood test, the suspension can last for a year. You can challenge the court to retrieve your license, though. When your license is suspended, you’ll be given paperwork that includes forms on how to challenge the suspension. To make the challenge, you must request a hearing in writing or online within 15 days of when the paperwork was issued.
Get Help With Your DUI from The Oswalt Group
While many other traffic related charges can be handled without legal representation, a DUI is not one of them – especially if your case involves injuries to other people or property. If you’ve been charged with DUI, call us here for a free consultation at the Oswalt Law Group by calling (602) 225-2222.