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The Importance of Blood Split in DUI Cases
Driving under the influence (DUI) is a prevalent offense that can lead to various legal complications, especially when it involves the use of drugs or alcohol. When a driver gets arrested for DUI and chooses to have a blood test, the sample collected is sent to the criminal laboratory for toxicology analysis. Although some of the samples are set aside for future reference, the court can use the remaining as evidence. However, the defense can later request to have access to the blood split, which is crucial in proving an unreliable or faulty examination.
Breath Test vs Blood Test
After an arrest, the police officer usually gives the suspect a choice between a breath test and a blood test. If the driver is suspected of driving under the influence of drugs, the breath test is not a suitable tool to determine the level of impairment. In such scenarios, the only option is to have a blood test, which can detect the presence of drug substances in the bloodstream. Refusing to take the test can lead to enhanced penalties, including suspension of the driving license for the remaining part of the year.
In some cases, a suspect can become unconscious, making it impossible to obtain their consent for the blood test. The law allows forced blood tests to be conducted to get the necessary samples for toxicology analysis. However, there have been instances where law enforcement agencies have mixed up the samples, leading to inaccurate results due to errors in handling or storage.
Issues with Qualitative Analysis
The blood test requires qualitative analysis to identify the particular drug or alcohol present in the sample. However, this type of analysis does not determine the exact amount of drug or alcohol in the bloodstream, which can affect the reliability of the results. Additionally, some of the drugs present in the system may not cause impairment, making it difficult to determine the level of intoxication effectively.
Importance of Blood Split
Due to the above issues, DUI defendants have the right to conduct independent tests on the blood split to verify the accuracy of the results. The cost of testing the split sample is levied on the defendant, but it is a critical step in determining the accuracy of the original results. The defendant’s attorney can request the court to release the blood split to an independent lab for analysis, which can reveal crucial evidence that was not present in the original examination.
Conclusion
DUI cases involving blood tests are complex and require the expertise of experienced attorneys to navigate. Todd Spodek Law Firm has vast experience in handling DUI cases and can provide the necessary legal representation. Seeking the services of an experienced attorney can ensure that your rights are protected and that you receive a fair trial. Contact us today for immediate information and legal advice regarding your DUI charges.
| IMPORTANCE OF BLOOD SPLIT IN DUI CASES | |
| BACKGROUND | When a driver is arrested for DUI and undergoes a blood test, the sample is sent to a criminal lab for examination. A portion of the sample is stored for future reference, the remaining used as evidence. However, defendants have the right to request access to the blood split. |
| BREATH TEST VS. BLOOD TEST | While a breath test can determine alcohol levels, it cannot identify drug use. A blood test is the only reliable option to detect drugs in the bloodstream. Refusing a test can result in enhanced penalties and a suspension of a driving license. Law enforcement agencies sometimes also mix up the samples result in unreliable findings. |
| ISSUES WITH QUALITATIVE ANALYSIS | Qualitative analysis helps identify drugs or alcohol present in the blood sample. Unfortunately, it doesn’t determine the actual amount present, and some drugs cannot cause impairment. This often leads to unreliable results. |
| IMPORTANCE OF BLOOD SPLIT | Conducting independent tests on the blood split provides a basis for comparison with the original tests. Defendants’ lawyers can request the blood split be released to independent labs to reveal possible errors and inconsistencies. This step can expose crucial evidence that wasn’t initially present in the original blood examination. |
| CONCLUSION | DUI charges involving blood tests can be complex, and hiring an experienced attorney is crucial. Todd Spodek Law Firm has a team of experts in handling DUI cases and providing the legal representation. Seeking legal advice ensures that your rights are protected and that you receive a fair trial. |
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