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Blood Test Defense in Las Vegas
When a breath test doesn’t suffice to record a driver’s blood alcohol concentration (BAC) level, law enforcement might administer a blood test. While blood tests are reportedly more accurate than breath tests, they are also susceptible to result contamination due to even minor errors. If you were arrested for DUI in Nevada and a blood test was used to justify the charges, see if you can challenge it by coming to Goodman Law Group. Our DUI defense attorneys are standing by to help locals fight any DUI charge, including those involving BAC blood tests.
To contact our firm, please call (702) 825-7854 as soon as you can.
What is a Blood Test?
A blood test is a chemical test that law enforcement can use when suspecting someone of driving under the influence. Usually, blood tests are requested when someone refuses to take a breath test. Oftentimes, a court must approve a warrant to make a blood draw because it is more invasive than a breath test or urine test. To complete a blood test, a trained medical practitioner will draw blood from the suspect’s arm, and the collected sample will be sent for testing.
When Can a Police Officer Ask You to Take a Blood Test?
A police officer can request a blood test if you are suspected of DUI, have been arrested for it, and have been taken back to the police station. As mentioned, blood tests are usually only used when a DUI suspect refuses to comply with a breath test and after a court approves a warrant to complete the draw. Judges can quickly approve warrants for blood tests, so the suspect’s BAC level can be tested before it has a chance to naturally drop.
Can You Refuse to Take a Blood Test?
You can refuse to take a blood test at first, but not without legal and administrative consequences.
If you refuse a blood test when arrested for DUI, you could face these consequences:
- Immediate one-year license suspension (longer if you have refused before)
- Refusal used as evidence against you in court
- SR-22 auto insurance requirement
Also, refusing to take a blood test usually only delays the process without permanently stopping it. If the police want to use a chemical test to determine your BAC and you refuse to comply with all options, an officer will call the relevant court of criminal justice to obtain a warrant that allows the blood test to take place regardless of your consent.
Are Blood Tests Accurate?
Blood tests to determine BAC are considered more accurate than breath tests and urine tests. The science behind analyzing a blood sample is more precise than the other tests. However, blood tests are not 100% accurate. In fact, processing a blood sample has more opportunities for the test administrator to make a mistake than compared to the gathering and analysis of a breath sample.
A blood test could be inaccurate and falsely report a high BAC if the blood was not:
- Drawn correctly
- Transported and stored correctly
- Inspected and analyzed correctly
- Handled by trained personnel
How to Fight a Blood Test in Court
When you want to fight a blood test in court after a DUI arrest, let Goodman Law Group in Las Vegas do the fighting for you. After we hear that our client was subjected to a BAC blood test, one of the first questions we ask is, “How was the blood sample handled?” The slightest mistake during the handling, storage, and processing of a blood sample can contaminate the test results. For example, if the blood sample is not kept at the proper temperature, the blood cells can rapidly deteriorate, creating an inaccurate result.
We can look for evidence that the blood sample was mishandled or that the BAC result was otherwise inaccurate. If the court isn’t entirely convinced that the BAC result is accurate, it might be tossed out entirely, which could give your case a better foothold to prepare a defense.
Learn More About DUI Blood Tests – Call Now
BAC blood test results do not guarantee that you will be convicted of DUI. Challenge the evidence against you by letting Goodman Law Group lead the way. Our Las Vegas DUI defense attorneys have the experience, insight, and resources to stand up to the prosecution.
Don’t delay. Call our firm at (702) 825-7854 now.
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