Independent Blood Testing in a Prince William County DUI
When you are arrested for a DUI, the Commonwealth will usually determine your blood alcohol level using a breath test. On some occasions, when the breath test is unavailable or the person is not capable of physically submitting to a breath test, a blood test shall be given. If that occurs, and the results of the blood test are harmful to your case, you have the right to request an independent blood test for your DUI in Prince William County and elsewhere in Virginia. Work with a knowledgeable DUI attorney to determine where you should get the second vial of blood tested.
How an Independent Blood Test Works
Every person who is charged with a DUI in Prince William County with a blood test can have that blood independently tested by a lab of their own choosing to verify the findings by the state laboratory. Their attorney must file a motion with the court to have this done. When the government takes the person’s blood for testing, they are supposed to take two vials of blood at the same time, which are shipped off to the Department of Forensic Science (DFS).
However, the DFS will only test one vial of their blood. The second vial, according to Virginia law, is required to be preserved. They are required to keep it in a safe condition in the event it needs to be tested by another lab.
Once a motion is filed in court for independent testing, the DFS is required to ship that blood vial safely to whatever entity was chosen to do the testing. Once their lab receives the blood, they will run the test and send the results to the defense lawyer. It is up to the lawyer whether to use it that blood test, depending upon the results.
If they elect to engage in independent testing, it is up to them to determine which lab will do the independent analysis. They are not required to use any specific entity under Virginia law to perform independent tests.
When Would a Lawyer Decide to Use This Test?
Most defense attorneys will have the blood tested by an independent lab if the DFS determines the individual’s blood registered 0.08 or higher. They want to verify the claims that the government is making regarding their blood alcohol content.
The results of an independent lab can be used under every circumstance if they are helpful. If the independent blood test result is not helpful for the defendant, a lawyer in Prince William County can decide not to bring the result into their argument.
The defense can always bring in an expert witness to help them with their case as well, which in this situation could be the person who performed the independent analysis on the blood.
Questioning the Accuracy of the Test Itself
In every blood case that is done in Virginia, the DFS maintains extensive records of the procedures and processes that are used when testing their blood. The process is called “gas chromatography.” When this process is conducted, it generates a significant number of documents that are available for inspection by defense attorneys by subpoena. This documentation is often useful in their trial.
Most people think that blood testing is an exact science and if the blood test comes back a certain way, then that locks up the case. That is not true. Even if the Certificate of Analysis shows that the person was over the legal limit, an aggressive inquiry about the test itself may reveal that the procedures were not followed correctly or the machine itself was not properly calibrated. If those issues arise, it creates reasonable doubt, which is how the defense could win a case. That information needs to be acquired in every blood case.
Work with a Prince William County Attorney to Get Independent Blood Testing in a DUI Case
After a blood test is forced on you by the government, you have the right to get your blood tested via a lab of your choice. Independent blood testing is very important for a DUI case in Prince William County. Learn more about your rights by speaking with a lawyer today.
