Beat a DUI: Blood Test Operator Certification

While it is obviously cause for concern if you have been arrested for a DUI, don't despair just yet--it is actually possible in some cases to beat a DUI charge. If you were forced to take a blood test, there are a variety of reasons you may be able to get the test excluded. An experienced defense attorney may be able to challenge a blood test on a number of different grounds, primarily on the fact that people staff hospitals and state crime labs, and people are human, therefore make mistakes. Perhaps the person who took your blood test was new on the job, improperly trained, or lacked the proper certification necessary for administering blood tests. 

Forced Blood Draws

There is an ever-increasing trend across the United States to force DUI suspects to have their blood alcohol content measured, leaving the prosecution with possibly the most damning evidence against them. "No Refusal" campaigns are becoming increasingly common, during which drivers who are suspected of DUI are given an ultimatum--either submit to a Breathalyzer to measure BAC levels or be forced to give a blood sample for testing. Once you refuse to take a breath test, a warrant will be issued to obtain a blood sample, and since judges are on standby to sign the blood draw warrants, this becomes a pretty speed process. In some jurisdictions the officers themselves conduct the blood draws rather than taking the suspect to the hospital where a trained medical professional would perform the draw. Even though lawsuits have been filed because of forced blood draws, it is becoming more and more common for officers without adequate medical training to draw blood from DUI suspects. There is a risk to your health from infection through having an inexperienced person draw your blood against your will, and as no-refusal policies become more and more common, it is likely we will see more personal injury lawsuits as a result. 

Many States Upholding Forced Blood Draws

In Arizona, the officers can actually hold you down and take blood samples against your will, and this is legal in Texas as well. A Dallas lawyer is currently arguing that the entire procedure is illegal when the blood is drawn by police officers rather than licensed medical personnel or trained technicians. His argument includes asking what happens if a DUI suspect happens to be on blood thinners or is a diabetic, and something goes wrong when police officers--who are not medically trained--force them to submit to a blood draw. Although the officers do undergo a 20-hour training course modeled on a course from a phlebotomy school, this is hardly sufficient "certification" to allow officers to draw blood from unwilling victims. 

Getting Legal Help

If you have been stopped for a suspected DUI and forced to submit to a blood draw by an inexperienced non-medical person, you should contact an attorney. A skilled DUI attorney can help you through the entire DUI process, making it a little less frightening and confusing. You need someone in your corner who is looking out for your rights and interests, so make sure your attorney is the best.