What Is an Independent Blood Test?
When the police arrest you for DUI, they will conduct a breath or blood test to establish your blood alcohol content (BAC). If a blood test is administered, the police are required to take two blood samples in Virginia. The police would send out one sample to be tested by their lab. Once the police receive the blood test results, you have the right to have an independent lab also perform testing on the second sample to determine if the results obtained by law enforcement officials are accurate.
If you decide to obtain an independent blood test, you have the right to choose the laboratory to conduct the test. You would be responsible for paying the costs of the independent testing.
How an Independent Blood Test Can Help You
You should retain a skilled DUI lawyer who can help you decide whether to obtain an independent blood test. You most likely would want to have one done if the test conducted by the police showed that your BAC was 0.08 percent or higher.
If the results of the independent test are different than the ones obtained by the Commonwealth of Virginia, you could use the independent test results as part of your defense to create doubt as to the accuracy of the state’s test results. There could be many reasons that the police’s blood test results may not be accurate. A few of them include:
- Contamination of the sample
- Failure to follow the correct procedures when obtaining the blood sample or conducting the test
- Chain of custody problems
Your attorney will submit the independent blood test results as evidence in your criminal case if they are different than the results the police obtained. They would have the lab technician testify as an expert witness in your case. Your attorney may also hire other expert witnesses to explain the science behind blood tests used to determine a person’s BAC level and the procedures the police must follow when obtaining blood samples.
Were you arrested for DUI in Virginia? You need an experienced DUI lawyer who understands the importance of raising defenses to fight the charges you face. Order our free book, The Virginia DUI/DWI Arrest Survival Guide, to start learning about how to fight the charges you face. To find out how we will aggressively defend you, call our office at 888-DUI-LWYR, start a live chat, or fill out our online form to schedule a free consultation today.