DUI Blood Tests
The police use several testing methods to gather evidence of driving under the influence (DUI). The results of these tests will be an essential part of the prosecutor’s case against you. For this reason, your criminal defense attorney will try to get these test results excluded – or suppressed – from the case. A blood test result may be inadmissible, for example, when the police did not collect, label, store, or analyze your blood sample according to procedure.
If you are being accused of a DUI, it is essential that you seek skilled legal representation. An experienced lawyer may be able to employ several defenses to protect your freedom in the court of law. If a conviction is unavoidable, your lawyer can also help you negotiate a favorable plea agreement. Chicago DUI lawyer Michael O’Meara has spent years of his legal career as both a prosecutor and a defense attorney, and can use this experience to anticipate the prosecution’s strategy in your case.
If you would like to avoid adding a criminal conviction to your record, call O’Meara Law at 312-909-0706 today.
Why Do the Police Use Blood Tests?
When a police officer suspects that a person is intoxicated while operating a motor vehicle, they may pull them over and administer a number of field sobriety tests. These tests vary from behavioral to chemical in nature. The walk and turn test, for example, tests a person’s ability to multi-task. Its main purpose is to determine whether or not a person can listen to directions and perform a task at the same time. The officer may also ask the suspect to blow into a roadside breathalyzer machine. If the driver’s BAC is above the legal limit of .08 percent, or if the driver fails a walk and turn test, the officer has probable cause to make a DUI arrest.
Blood tests are the most accurate measure of how much alcohol is in a person’s body. However, there are rules that dictate how and when these tests can be administered. They cannot be used on the side of the road, for example, and they need to be performed by a certified medical professional. In addition, based on a historic the United States Supreme Court ruling in 2013, police are no longer allowed to force a blood test unless the situation is urgent or if police obtain a warrant.
How Can the Police Legally Collect Blood Samples?
In Illinois, the police must follow specific procedures when it comes to collecting blood samples. For example, blood should be collected from a specific area on a person’s forearm. Blood should not be collected from a bruise or hematoma, and people administering the test must wear gloves and use sanitary equipment.
In many cases, blood tests are not performed correctly. This is where the assistance of a skilled lawyer comes in. Through interviews and cross-examination, an attorney can uncover problems with your blood test. Perhaps the sample was left out in the open before it was tested, or maybe the test was not administered by someone who was qualified.
How O’Meara Law Can Protect Your Rights
If your blood test was improperly administered, the results cannot be used to prove your guilt in a criminal proceeding. Allowing such tainted evidence into the case would violate your rights. There are a number of other rights violations that can be used to challenge the accusations against you. For example, your lawyer may be able to show that you were subjected to an illegal vehicle search. In most cases, officers are not allowed to search a person’s car unless they have probable cause or a warrant.
If you have been arrested and charged with this crime, you may be worried about the penalties you could face if you are convicted. Attorney Michael O’Meara has over 20 years of experience practicing law, experience that he can put to use towards getting you a good case outcome. He has helped many good people get their DUI charges reduced or eliminated.
To find out how O’Meara Law can defend your rights, call 312-909-0706 today.