Learning About Criminal Law Proceedings

DWI Blood Tests: FAQs

If you have been pulled over and suspected of drinking and driving, there is a good chance that a police officer is going to ask you to submit to a breathalyzer or even a chemical test. You may assume that you will 100% be convicted if you are charged after a positive DWI blood test, but it is possible to beat it. Keep reading to learn more about these tests as well as your individual rights. 

When Can a DWI Blood Test Be Requested? 

A police officer must have reasonable cause that you are driving while under the influence to request that you take a DWI blood test. Some evidence that provides an officer with reasonable cause may include running lights, speed, as well as swerving in and out of the lines on the road. 

When an Officer Asks If You've Been Drinking, What Do You Say? 

It is important that you are always courteous when you are pulled over by an officer. However, at the same time, you are not obligated to answer any questions that may potentially incriminate you. Simply admitting to the officer that you had a glass of wine or beer with your dinner is potentially admitting guilt. 

Can You Be Forced by the Police to Submit to the Blood Test? 

Ultimately, no, because you need to provide consent to take the blood test. However, there are some states in which police are able to obtain a warrant for involuntary blood tests. In addition, it is important to understand that there may be serious consequences if you refuse to take a chemical test, such as having your license suspended and additional jail time in the event that you're later convicted. 

Who Will Administer the Blood Test? 

Blood tests should only be administered by trained medical professionals. Police offers are not properly trained to administer the tests. 

What Happens If the Blood Test Is Positive? 

Don't assume that you are automatically guilty in the court of law just because your DWI blood test was positive. There are potential defenses to positive tests. For instance, was the blood test administered utilizing the required specially sealed test kit? Was the test administered by a trained medical professional? Was the blood sample transported to the lab with no tampering (in other words, was the proper chain of command maintained)? These are questions that a DWI criminal defense attorney will ask when defending you.