Pennsylvania Attorney for DUI Blood Test
When you are pulled over for the suspicion of driving under the influence, a police officer will conduct some tests to determine if you meet the legal definition of intoxicated. One of these tests will be a chemical test.
A chemical test is conducted to determine the amount of alcohol in your system. This can be done by testing your blood. A blood test is not done at the scene of the offense. Instead, when you’re arrested for DUI, a law enforcement officer will take you to the hospital or police station and a phlebotomist will draw your blood.
Chester County Criminal Defense Attorney for DUI Blood Test
If your DUI arrest included a blood test, you will need an experienced defense attorney on your side. Blood tests are more accurate than a breathalyzer test, so they are harder to defend in court. Take the first step in building your defense, and contact Ciccarelli Law Offices today.
By visiting this page, you already understand the seriousness of the allegations against you. The sooner you retain legal representation, the better your chances of a more favorable outcome in court. Let Ciccarelli Law Offices guide you through this complicated legal process.
To schedule a free case consultation, call 610.692.8700 or submit your information in the online contact form. Ciccarelli Law Offices defends clients of DUI offenses in areas that include Lancaster, Philadelphia, Pottstown, Radnor, Exton and many more.
- Can You Refuse a DUI Blood Test in Pennsylvania?
- Are DUI Blood Tests Accurate?
- Supreme Court Decision on DUI Blood Test
- Additional Resources
Can You Refuse a DUI Blood Tests in Pennsylvania?
When you drive on the Pennsylvania roadways, you are essentially agreeing to submit to a chemical test of your breath, blood or urine when an officer is trying to determine the concentration of alcohol or a controlled substance in your system.
This is called implied consent, and it’s listed under section 1547 of the Statutes of Pennsylvania. You have a right to refuse this test, but your driver’s license will be suspended and you’ll be required to pay a fine.
Listed below are the penalties you could face for refusing to submit to a DUI blood test:
- First Refusal: One-year license suspension and $500 license reinstatement fee
- Second Refusal: 18-month license suspension and $1,000 license reinstatement fee
- Third Refusal: 18-month license suspension and $2,000 license reinstatement fee.
The arresting law enforcement officer is required to inform you of the penalties for refusing. He or she is also required to notify you that if you are later convicted of a DUI, even without the result of a chemical test, you will be penalized for both the refusal and the DUI.
A police officer cannot make you submit to a chemical test. You have the right to a hearing where you can challenge the license suspension.
Are DUI Blood Test Accurate?
A blood test is more accurate than a breathalyzer test. The reason a blood test is more accurate than a breath test is because it can measure the exact chemical content of your blood. They are also more reliable because breathalyzer devices are known to not function properly during testing. Because of this, breath samples must be taken multiple times to verify the results.
All that said blood tests have their flaws, too. Some of these flaws include:
- Storage issues
- The sample was taken too long after the arrest
- The samples can be contaminated
- The sample wasn’t taken by a qualified technician
- The blood sample was improperly transferred
- The sample has an insufficient amount of sodium fluoride
- The sample has an insufficient amount of potassium oxalate
If your DUI arrest involved a blood test, you have the right to challenge the results in court. A defense lawyer can challenge the legitimacy of the results and how the police officer acted during the test. If the test was conducted for the wrong reason, or if the sample was improperly taken, the blood sample could be thrown out of court.
Supreme Court Decision on DUI Blood Test
The United States Supreme Court case of Birchfield v. North Dakota decided that law enforcement needs a search warrant to conduct a blood test. The court ruled that a blood test conducted by the government is obviously intrusive since it requires an individual to have their skin pierced and bodily fluids withdrawn.
The Supreme Court decision has changed the way DUI cases are prosecuted in Pennsylvania. At the least, it will cause law enforcement to conduct more breath tests than blood tests. If police do decide to conduct a blood test, they will need probable cause to obtain a search warrant. If your blood was drawn without a search warrant, the evidence will be inadmissible in court.
Additional Resources for DUI Blood Test in Chester County, Pennsylvania
Chemical Testing | Statutes of Pennsylvania– Follow this link to read the full text of the statute that governs chemical testing in Pennsylvania. You can read the precise legal text of the general rule, civil penalties and admissible evidence. The code can be read on the Pennsylvania General Assembly website.
Birchfield v. North Dakota– Read the United States Supreme Court opinion in the court case that establishes that police need a search warrant to conduct a blood test. The opinion can be read on the Supreme Court of the United States website.
DUI Defense Lawyer in Pennsylvania
If you believe the blood test conducted during your DUI arrest was unlawful, then you should contact Ciccarelli Law Offices as soon as possible. We will shed light on the facts of your case, and do everything in our power to achieve the best possible outcome for your situation.
Ciccarelli Law Offices represent clients in counties such as Chester County, Lancaster County, Delaware County, Philadelphia County and Montgomery County. To schedule a free case consultation, call 610.692.8700 or submit your information in the online contact form.