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What Happens If I Demand A Blood Test For DUI?

Criminal Defense

Drinking and driving is a serious offense and the legal process of dealing with a DUI charge can be complex. One way to help protect your rights and interests during this time is to demand a blood test to prove your BAC instead of submitting a breathalyzer sample or performing field sobriety tests. Here’s what to know and how a qualified Denver criminal defense lawyer can help. 

How To Ask For A Blood Test 

If you are pulled over for driving under the influence of alcohol, the officer will likely request that you submit to a breathalyzer test and may ask you to step out of the vehicle to perform various field sobriety tests. In some cases, you may be transported to the hospital or the police station where a blood sample will be taken. 

You can request that a blood test be done instead of a breathalyzer, but be aware that if you refuse to take a breath test, your license will automatically be suspended. You can (and should) decline to perform any field sobriety activities without legal penalty. 

The Legal Process Of Getting A Blood Test 

If you wish to have a blood sample drawn for defense purposes, you have the right to ask for this, ideally in writing. Police must arrange for you to be taken to a lab or hospital or for a traveling nurse to come to the police station to collect a sample. 

At this time, you should request a second sample to be taken and sent via your criminal defense attorney to a different, unaffiliated lab for independent testing. Usually, BAC results from a blood test come back within 24 to 48 hours following the sample collection, provided that all the corresponding paperwork was completed correctly and there are no testing delays at the lab.

Should You Hire An Attorney For Your DUI? 

If you were arrested for drunk driving, you may be wondering if you should hire an attorney to represent you against the state. Don’t wait – the sooner you begin working with a lawyer to defend your rights, the stronger your case will be. 

Richard B. Huttner is a veteran Denver criminal defense lawyer that can help protect your rights after being arrested for drinking and driving in Colorado. Call now for a free initial consultation to discuss your defense strategy by dialing 303-981-6366.

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