Understanding DUI Arrests and Blood Tests in Virginia
Intoxicated driving in Virginia is a serious criminal charge. During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued, and at that time, a blood sample will be taken with or without your consent. A lot of confusion surrounds what your rights and obligations are with respect to drunk driving and blood tests. To do one thing and not the other can have a significant impact on any criminal charges laid against you or administrative penalties imposed on you in Virginia.
At Pettrey Law, PLC, our DUI defense attorney in Chesapeake, Norfolk, Virginia Beach, Suffolk, Newport News, and Hampton wants to ensure you, as our client, are informed and understand both your rights and the consequences that flow from missteps taken when encountering the police during a DUI investigation.
What are DUI Blood Tests?
DUI blood tests are chemical tests commonly used in Virginia by the police to determine or verify whether and to what extent an individual unlawfully has alcohol or drugs in their system. It is used most often in two circumstances:
- The alleged drunk driver has refused to perform a breath test; and/or
- The police believe the driver might be under the influence of drugs, which can include prescription medication or any type of illicit drug.
Blood tests produce more accurate results than the other two chemical tests associated with intoxicated driving cases: breath tests and urine tests. A blood test is also much more intrusive. With breath tests, you simply blow into the testing machine. With urine tests, you urinate into a cup. With blood tests, however, a qualified medical professional must draw blood to collect a test sample.
Can I Refuse a Blood Test in Virginia?
The simple answer is yes. Keep in mind, however, that a refusal in Virginia can have significant consequences. The same is true even if you are never convicted of an intoxicated driving offense in Chesapeake, Norfolk, Virginia Beach, Suffolk, Newport News, and Hampton because you will still be hit with administrative penalties.
The problem is this: implied consent laws.
When you obtain a driver's license and drive anywhere in the United States, you have implicitly implied to agree to obey the laws of each state, and each state has its own version of implied consent laws. Basically, by agreeing to obey the rules of the road, you also implicitly agree to chemical tests.
Thus, if you are suspected of drunk driving and are asked to consent to a breath or blood test but refuse, there are automatic administrative penalties placed on you. These penalties include fines and license suspension.
If you do refuse to give a blood sample (or refuse a breath sample), the police can quickly obtain a warrant to collect a sample. In the end, if you refuse, you will likely still have to give a blood sample.
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DUI Blood Tests in Virginia Can Be Unreliable
Blood tests provide better results than breath tests. Not only can a blood test determine a more accurate blood alcohol content (BAC) level, but it can also identify specific drugs and the amount of those drugs in your system.
That said, even if they are more accurate, they can still be unreliable when certain issues are present.
Common situations that could lead to the suppression of a blood test result in DUI cases in Virginia include:
- Contamination of the blood sample
- Improper preservation or storage
- Improper transportation of the sample
- A gap in the sample's chain of custody
- Drawing of the blood sample by an unqualified person
- Too long of a waiting period between arrest and administration of the blood test
In addition, the technology and machines used to analyze the blood samples could have problems that make the results unreliable. These machines require regular maintenance but are often neglected.
DUI defense attorneys in Chesapeake, Norfolk, Virginia Beach, Suffolk, Newport News, and Hampton who have the right experience, knowledge, and skill in these types of cases will be able to identify unreliable blood test results. A motion to suppress or exclude the results can be timely filed and strategically used in your defense.