Independent Blood Testing in Colonial Heights DUIs

If you or a loved one has been charged with a DUI, it may be wise to get an independent blood test from a qualified third party. This test can either verify the findings of the state or present alternative evidence that may be helpful when mounting a defense. Independent blood testing in Colonial Heights DUI cases may be a good way to build an effective defense, a local attorney may offer useful counsel in actions to be taken.

What is Independent Blood Testing?

With blood samples, a person has the right to have the blood to be drawn tested through an independent lab to determine what their BAC –Blood Alcohol Content– was. The Department of Forensic Science is going to treat it like getting a second opinion from a doctor.

Administration of the Tests

The independent blood tests are done by a doctor of the person’s choosing, so long as they can be certified by law enforcement. The person being tested is the one who makes that ultimate call on who administers the test as long as they are certifiable. The decision of who administers the test depends on the specifics of the case and the accused.

If there a discrepancy in the nature of the offense or if the BAC number that the Department of Forensic Science comes up with is very close to the presumption line, a DUI defense attorney may suggest having an independent blood test. As far as DUI concerned, a person is presumed to be intoxicated if they have a BAC that is at 0.08 or higher. When they do the blood test and the BAC comes out right at a 0.08, then it could be advantageous to have a second opinion. That second opinion may come back with a lower BAC than the state found, and ultimately may refute the presumption of intoxication.

How the Results of an Independent Test are Used in Court

So long as the proper procedure is followed by the secondary source, the test results can be used as evidence in court. When conducting the tests for a DUI, they should be able to testify as to their procedure. The person who analyzed the blood samples for a DUI can be qualified to testify as an expert anytime.

If the procedure is found to pass the scientific standards laid out by case law or by the law of the Commonwealth of Virginia, and the individual who conducted the test at the lab is available to testify in court as to their procedure and how it was done, then it may be accepted in the DUI case. A compassionate DUI attorney may be able to help clarify what tests may be admitted in court, and whether or not an independent test would be advantageous.

Evidence to be Submitted

Experienced defense attorneys often want the independent results of the DUI tests and other information, including:

  • The name of the person who conducted the Commonwealth’s blood draw
  • The place in which the blood draw was taken
  • Verification that they followed all the proper steps when conducting the blood draw
  • Verification of the BAC result

Ask a Colonial Heights Attorney About Independent Blood Testing

Independent blood testing in a Colonial Heights DUI case can be an effective way to refute the prosecutions presumption of impairment. You may be able to fight the DUI charge with an independent test to double-check the state’s evidence collection. Contact an experienced DUI attorney today to learn more about your options and rights.