Can I Get an Independent DUI Blood Test?
One of the usual requirements of the DUI implied consent law is that you have the right to obtain an independent test of your blood, breath, or urine taken after you submit to the State-administered test. This sample can be tested independently by a laboratory of your choice (and at your expense) in order to permit you to challenge the State’s blood test result that will be used against you at trial.
Your independent test also protects against the possibility of a switched sample by the police and state crime lab. Numerous examples of samples of one person being switched with another person’s sample have been reported in several states. Lawsuits have been filed to collect damages for such negligence. If your State statute requires that you be given this opportunity for independent testing, and you were not accommodated by the police, most states provide for exclusion of the State’s tests.
In some states, the protection of the right to an independent test by a facility of your choosing is strictly applied against the police. For example, in Georgia, even if you obtained an independent test at a hospital, if the hospital was a different one than you selected, the State loses the ability to introduce its tests.
Georgia also has decided that just because the police help you get your blood drawn for your independent test, they must also reasonably accommodate you in getting that blood tested or the State’s test results will not be able to be introduced at your trial (for example, at the hospital, the hospital cannot simply draw your blood, then simply hand you the vial).
However, there are states where non-compliance with the implied consent statute does not negate the scientific reliability or admissibility of the results of your tests at trial. These states have abandoned reasonable protection of their citizens’ rights in favor of prosecuting cases even where the evidence cannot be fairly challenged by the citizen due to police non-compliance.
Call and talk to a veteran DUI attorney day or night at 1-1-888-839-4384 and learn how we can challenge your blood test results. No blood test evidence can mean a reduction in charges or an outright acquittal on your DUI charge.