DUI Bloods Tests
Every driver in Pennsylvania offers implied consent to take blood tests, as well as breath tests and urine tests. However, you should not assume that a positive blood test result means you must plead guilty to a DUI charge.
Levittown DWI Defense Attorneys
The experienced attorneys at Kamensky Cohen & Riechelson know how to challenge the evidence in your case and beat your DUI charges. We have been defending clients against drunk driving charges in Hulmeville, Haycock, and everywhere else in Bucks County for more than 40 years. Call us today to speak with a member of our DUI litigation team about your case.
Reasonable Suspicion to Administer a Blood Test in PA
A police officer must have reasonable suspicion that a driver is operating a motor vehicle while under the influence of alcohol or drugs before they can ask the driver to take a chemical test. Once a police officer has reasonable suspicion that the driver is under the influence of alcohol or drugs, they can request that a driver submit to a blood test under certain circumstances:
- The driver refused a breath test.
- The driver “passed” a breath test but the officer still suspects that they are impaired.
- The driver was involved in a DUI accident.
Penalties for Refusing a Blood Test in Bucks County
Anyone who refuses to take a blood test when requested may be charged with Refusal. A conviction for Refusal will result in automatic suspension of your driver’s license for at least one year.
Challenging the Results of a Blood Test in Warminster, PA
One of the major problems with blood testing for drugs is that drugs may be in a person’s bloodstream long after they were taken. As a result, the blood sample might show that the person had drugs in their bloodstream but the driver might not have actually been “under the influence” of drugs while driving.
The most common challenges to blood tests in Pennsylvania include:
- No probable cause for the traffic stop: If the officer lacked probable cause to stop your vehicle in the first place, then any evidence they obtained after the traffic stop may be declared inadmissible under the “fruit of the poisonous tree” doctrine.
- Lab error: The toxicology lab that handled the blood sample may have made a mistake and failed to follow testing protocols because technicians were undertrained or overworked. For example, the blood sample might have been improperly stored or not refrigerated.
- Contamination: The blood test might have been contaminated by a foreign substance. If the lab technicians ignore proper handling procedures, the blood sample can easily be tainted.
- No chain of custody: The blood test could have been contaminated because several people handled it.
- Improper documentation: Defense: The blood testing procedures and results were not properly documented. All evidence of this sort must be documented in order to be admissible in court.
Free Consultation with a Warminster DWI Lawyer
Kamensky Cohen & Riechelson is a DUI defense team that is prepared to challenge the evidence in your case and help you beat your drunk driving charges. Call or email us to schedule a free consultation at our office in Bensalem, PA.