Today we are going to talk about whether or not you should ask for a blood test after you provide a breath sample to the cops at the police station.
If you are arrested for DUI, for whatever reason, they take you to the police station, ask you to take a breath test, you may have heard that you should always ask to get an independent blood test once you give the breath sample if it’s over .08? And the answer is that you should. You should ask for that independent blood test if you provide a breath sample that is over .08.
And there are two reasons why you should do this. The first reason you should ask for an independent blood test is because there is a rule that requires the police to allow you the opportunity to get a second independent blood test if you ask for one. The idea behind this law is that the breath test results can be suspect. They are inaccurate. And, by getting a blood test you can have, not just a second opinion, but a second opinion that is much, much, much more accurate, much more grounded in science, and that is kind of a safeguard for you if you truly believe that your breath results were inaccurate. But, here’s the kicker, if you ask for a blood test, and they don’t give it to you, that’s a ground to suppress the breath test. So you should always ask for it, just in case they don’t give you the blood test, you’ve got a pretty good argument to get your breath test results kicked out of the case, which means you have a much, much better chance of getting a good result.
The second reason you should ask for the blood test is because you’ve really got nothing to lose. What I mean by that is, if you get the blood test, and the results are in your favor, let’s say the blood test comes back as under point .08, then you can use that, obviously, in your case to prove your innocence or to dispute the state’s evidence. But, if your blood test comes back and it’s over .08, then you don’t have to do anything with that test result. You can sit on that. You don’t have any duty to disclose that to the prosecutor so they can use that against you. You don’t have that responsibility. They have to use all of the evidence that they can find against you. So, if you think about it, it’s a win, win to ask for the blood test, because they can’t use it against you and it can help you out in several different ways.