Blood tests in Pennsylvania DUI cases are a pivotal aspect of determining blood alcohol concentration (BAC) or the presence of drugs in a driver's system. Here's a closer look at the procedures and considerations surrounding blood tests:
Step-by-Step Blood Test Process
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Arrest and Transportation: After an arrest for suspected DUI, the motorist is typically handcuffed and transported to a local hospital.
- Blood Draw: At the hospital, a phlebotomist draws the motorist's blood. The blood sample is handed over to the arresting officer, not the hospital staff.
- Handling and Analysis: The officer transports the blood sample to the police station, refrigerates it (ideally), and sends it to a county or state crime lab for analysis. In drug-related cases, the sample may be sent to specialized labs, such as one in Philadelphia.
- Roving DUI Patrols: On high-enforcement nights, phlebotomists may be stationed at local police departments, expediting the blood draw and sample handling.
Blood vs. Breath Tests
When is a blood test used over a breath test in a Pennsylvania DUI case? The choice between a blood or breath test often depends on the policies of the police department. Some departments exclusively conduct blood tests, while others rely on breath tests. The decision is at the discretion of the officer and department resources.
Refusing a Blood Test
Under Pennsylvania law, motorists can refuse a blood test. However, this comes with significant consequences:
- Criminal Penalties: Since a 2016 U.S. Supreme Court ruling, a warrant is required for blood tests. Motorists should be informed of their constitutional right to refuse. You may end up with a lower criminal penalty if when you refuse a blood test. However, the lower criminal penalty does not eliminate the PennDOT refusal suspension. You still have to file an appeal. Click here for more information on filing a PennDOT chemical test refusal appeal.
- License Suspension: Refusing a blood test can lead to civil penalties, including license suspension of between 12 and 18 months, even if criminal charges are avoided or reduced. If you receive notice from PennDOT about a license suspension for refusing a blood test, call us immediately at (412) 471-5000 to discuss your options.
Are Blood Tests Reliable?
While blood tests are considered highly accurate, their reliability depends on various factors:
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Hospital vs. Crime Lab Testing: Blood drawn at a hospital is primarily for medical purposes and lacks the stringent forensic protocols of crime lab testing.
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Gas Chromatography: This advanced method used in crime labs can be prone to errors if equipment maintenance, calibration, or solution integrity is compromised.
- Documentation and Review: A skilled Pennsylvania DUI attorney can obtain blood testing documentation to uncover errors or procedural lapses that could invalidate results.
Defending Against Blood Test Evidence
An experienced Pennsylvania DUI lawyer will scrutinize the following:
- Calibration Records: Ensuring gas chromatographs were properly maintained.
- Contamination Risks: Analyzing graphs for evidence of substances other than alcohol.
- Expired Solutions: Checking if the chemicals used in the test were valid.
- Procedural Compliance: Reviewing whether forensic protocols were followed.
Often, blood test results are not as reliable as they seem. Forensic experts can review a detailed packet of testing records to assess whether the hospital or crime lab followed proper procedures. Surprisingly, errors are common. People often trust hospital test results, but when it comes to using those results in court, the process is far more complex. It takes an attorney with expertise in the science of blood testing to identify these errors and request the right documentation.
Pennsylvania DUI cases demand a lawyer who understands every detail of blood test evaluation. Many attorneys lack this specialized knowledge, but Mike Sherman stands apart. With advanced training in forensic blood testing and a comprehensive understanding of the science involved, Mike meticulously reviews every aspect of your case to identify weaknesses in the evidence. His expertise can make all the difference in achieving the best possible outcome for you.
The Mike Sherman Difference
What sets Attorney Mike Sherman apart in DUI defense?
- Unique Perspective: As a former attorney for the Pennsylvania State Police, Mike understands how law enforcement operates.
- Recognized Authority: Author of Driving Under the Influence Law and Practice, the definitive Pennsylvania DUI textbook.
- Scientific Precision: Mike's extensive knowledge of forensic science enables him to meticulously evaluate evidence, identify errors, and build a compelling defense.
Next Steps
If you've been charged with a DUI, don't leave your case to chance. Schedule a free consultation to discuss your situation and learn about your legal options. Call (412) 471-5000 today.
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