RI DUI Blood Test Defense Lawyer
There‚Äôs a lot to know about¬†RI DUI blood tests. A police officer uses the test to see if a driver was too intoxicated to drive. A DUI blood test will also tell what drugs if any are in a person‚Äôs system. The police officer will use the results from these tests to determine whether or not the driver should be charged with A DUI. But how valid are these¬†DUI blood tests in RI?
Do You Have To Submit To a Blood Test in Rhode Island?
The state‚Äôs statutes of Rhode Island say that you need to adhere and comply with a blood test. By operating your car, you‚Äôre agreeing to the laws in place and agreeing to submit to all tests.
If you refuse a blood test in RI, the punishment ranges. It can range from a traffic citation to an automatic license suspension.
The first time you refuse to take a DUI blood test in RI it is a civil violation which comes with a $200 to $500 fine. On top of that, you might also face community service hours and a suspension of your license up to a year. Every time after the first offense, the punishment gets more severe.
How Accurate are these Tests?
This is the million-dollar question. So, you can‚Äôt refuse to take a test ‚Äì but how accurate are they? Compared to a breathalyzer test, they‚Äôre much more accurate.
Some officers might start with a breathalyzer and then, depending on the results, request a DUI blood test. A breathalyzer‚Äôs results will vary over time as the alcohol gets diluted in the person. A blood test, however, will give the exact levels of the chemicals in your body. Alcohol is one of the chemicals in question.
Blood tests are considered the most reliable way to check for alcohol content in someone‚Äôs body in the field after an officer pulls you over in Rhode Island.
Factors that Go into a DUI Blood Test‚Äôs Accuracy
There are some things that determine how accurate the blood test is.
The first one is a matter of time. If an officer waits too long, then the blood results will not paint an accurate picture. The alcohol content in your body goes down over time. The longer it takes for the blood test to take place, the lower the alcohol reading they‚Äôll get.
If the sample comes in contact with a contaminant, then the result will be null. That‚Äôs why they take a lot of care when they draw the blood. They have to make sure it goes into a special container and it‚Äôs stored correctly.
That leads us to the next point ‚Äì if the blood isn‚Äôt stored correctly, the results will be skewed. The sample needs to be at the right temperature and it needs to be examined within a certain amount of time. Any deviation to these two factors will result in a skewed result.
Finally, the sample needs to be transferred and transported with the right subject. There are laws that govern who can take the blood, transport the sample, and examine it.
If any of these events happened to your sample then the results of your DUI blood test might not stand up in Rhode Island court.
The Process of an RI DUI Blood Test
There‚Äôs a process that has to be adhered to, legally.
The blood can only be taken by a licensed medical professional. This could be a doctor, nurse, trained medical staff member, or emergency medical technician. If a police officer tries to draw the blood, or there is no supervision during the process, the results will not stand.
You also cannot have your blood taken without being read your rights by a police officer. You have to consent to the blood being drawn, but if they don‚Äôt read your rights then they cannot charge you for the blood drawn.
If the police officer doesn‚Äôt have a medical staff member nearby, they might transport you to a location to have the blood drawn.
The police officer needs a warrant to draw your blood for¬†DUI blood tests in RI. At that point, you may request a urine sample or a breathalyzer instead. If neither of those tests is available, then you will have to do a blood test.
You Can Challenge¬†DUI Blood Tests in RI Court
Though you can‚Äôt refuse to take one, you can challenge the results of one. If you have a good defense lawyer in your corner, you can fight the results.
We have the right experience and knowledge to know what parts of the law are applicable to your case. The results of a DUI blood test can have long-lasting impacts on your life. Put our experience to work for you.
A DUI can ruin your future ability to gain employment and it can lead to lengthy jail time. There‚Äôs no need to acquiesce when it comes to a DUI charge. Call us today at 401-229-5088 for a free consultation so we can start planning your DUI Defense. Office in Downtown Providence.