When you have been arrested for DUI there are a few ways in which the police may choose to test your blood alcohol level. There is a breathalyzer test, urine test, or a blood alcohol test. The police can conduct any of these tests to determine whether or not you should be charged with DUI but you also have the right to an independent blood test. Additionally, if you request an independent blood alcohol test, the police cannot unreasonably interfere with someone’s right to obtain said independent sample. But, does it look questionable if you request an independent blood test and does it interfere with your DUI case in any way?
One of the most important things you can do when you have been arrested for DUI is contact an attorney. You have a right to an attorney and it is best to seek their advice as soon as possible as well as exercise your right to remain silent. You have the right to refuse sobriety tests and politely indicate that you would like to obtain an independent sample of your blood or urine. Even if you are arrested and booked into jail, you have the right to request a police transport to the local hospital and obtain an independent sample of your blood. It is important to note that Arizona law does not allow a DUI suspect to have the police preserve a breath sample for independent testing. It is our recommendation that if an officer performs a breath test that you indicate that you would like to obtain an independent sample of your blood. An independent blood test (BAC) can dramatically help your DUI case. It is unfortunate but true that state testing of blood alcohol concentration is not always 100% accurate so independent testing will not only provide peace of mind that the process has been fair but it may actually refute the results of the state lab testing and help get your charges reduced or dismissed. By voluntarily requesting the additional testing it looks like you are confident in your case and will provide you with the strongest defense should your DUI case go to trial. If you have been stopped or arrested for DUI, exercise your rights including remaining silent and independent blood alcohol testing to give your case the best opportunity for a positive outcome possible.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004