When most people think of the type of test they may be asked to submit to after a DUI arrest, they think about a breath test. However, blood testing has become an increasingly popular tool of the police in DUI cases over recent years.
When Do the Police Collect a DUI Blood Test?
There are two primary circumstances in which the police seek your blood after a DUI arrest. One is when you are involved in an accident and are brought to the hospital to receive treatment for your injuries. The other is when drugs are suspected either in addition to, or instead of alcohol.
To justify taking your blood pursuant to a DUI arrest, a breath test must be unavailable[1]. This means that the breath testing equipment must be physically unavailable (when you are in the hospital after an accident) or practically unavailable (when drugs, instead of alcohol are suspected).
Challenging a DUI Blood Test
Many of the legal issues that arise within blood draw DUIs are far more complex than the issues already involved in a breath test DUI case. These legal issues are rife with opportunities to challenge the prosecution’s evidence.
What the Prosecution Must Prove
The prosecution must prove that you neither consumed, nor were administered any drugs or alcohol between the time of the driving and your blood being drawn[2]. They must prove that the blood was drawn by a qualified medical professional[3]. They must prove that the blood was transmitted to the state lab in a specified manner[4].
In addition to these procedural requirements, when the defense demands that the person who analyzed the blood sample at the lab appear in court to answer questions about the analysis, the prosecution must present that person at trial or the certificate of blood analysis cannot be used against you.
Special DUI Blood Dockets in Northern Virginia
Most jurisdictions in Northern Virginia compile their blood draw DUIs onto special “blood dockets”. This is done for the benefit of the prosecution to better organize these cases, which often involve many witnesses.
Defense Attorney for a DUI Blood Test in Northern Virginia
Defending these cases requires a knowledge of this complex procedure that the police and prosecution must follow so that each step can be challenged.
If even one step of the procedure involving the taking, transporting, or presenting of the blood evidence in court is found to be substantially flawed then the results of the blood test will likely be ruled inadmissible at trial.
Questions to Ask Before a DUI Trial
In defending your blood draw D.U.I. case the following questions must be asked of the prosecution’s evidence:
Can the prosecution establish that no substances were administered to you after you drove?
Can the prosecution establish that your blood was taken either by Virginia’s “implied consent” procedure[5], or by a search warrant issued by a magistrate?
Can the prosecution prove that your blood was drawn by an authorized medical professional?
Can the prosecution prove that the person who drew your blood did so with the appropriate medical materials/equipment?
Can the prosecution prove the chain of custody of your blood sample from the time it was taken to when it arrived at the lab?
Is the person who analyzed the blood sample present in court to testify?
Challenging the Evidence in Your Case
Attorneys who have extensive experience in blood draw DUIs understand that defending a client means challenging the prosecution’s evidence at every stage of these cases.
DUI Attorney Near Me
For more information, contact King Campbell Poretz & Mitchell today. We are a full-service law firm located near Alexandria, VA and Leesburg, VA. The types of cases we handle involve federal crimes, DUI, injury law, family law and trust & estate law. We serve Northern Virginia, Fairfax County, Arlington County, Alexandria City, Loudoun County and Marlyand. Nosotras hablamos español.
To work with top DUI lawyers in Northern Virginia call King Campbell Poretz Mitchell today at (703) 468-8557.
[1] Virginia Code Section 18.2-268.2
[2] Overbee v. Commonwealth, 227 Va. 238, 315, S.E.2d 242 (1984).
[3] Virginia Code Section 18.2-268.5
[4] Virginia Code Section 18.2-268.6
[5] Virginia Code Section 18.2-268.2 (a valid “implied consent” blood sample requires that you be lawfully arrested for DUI within three hours of driving on a highway)