What is a Blood Test in Philadelphia?
A blood test is one of the common chemical tests Philadelphia law enforcement uses to determine or verify that an individual has drugs or alcohol in their system. It is typically used when an individual is suspected of operating a vehicle while impaired by drugs or alcohol.
The procedure for a blood test generally involves taking a sample of an individual's blood to measure the amount of drugs or alcohol present in the blood. This type of test is typically considered to produce more accurate results in comparison with the other chemical tests.
However, blood tests are rarely given at the scene of a suspected offense because of the need for equipment and a qualified individual to administer the test. Here at D'Intino Law Firm LLC, we have helped many clients facing DWI, DUI charges. If you have questions about the blood test you were asked to submit in Pennsylvania, call our office at 267-491-9111 or fill out an online form today.
Can You Refuse a Blood Test in Pennsylvania?
The simple answer is yes. However, the aftermath of a refusal in Philadelphia could result in significant consequences that affect many areas of your life.
Law enforcement officers typically request a blood test after arresting an individual based on a suspicion of operating a vehicle under the influence of drugs or alcohol. Under Philadelphia's implied consent laws, drivers must consent to chemical testing, including a blood test, when requested by a law enforcement officer. All individuals who obtain a driver's license consent to follow these laws.
Refusing a blood test is considered a violation of the implied consent laws, which carries significant consequences, including mandatory driver's license suspension, jail sentence, and fines.
It is important to note that law enforcement officers must obtain a warrant if they are not given voluntary consent by the driver. Once they obtain a warrant, any subsequent refusal will be charged as a violation of the implied consent laws.
Problems with Blood Tests in Pennsylvania
Although blood tests typically provide more reliable results than other chemical tests, they are not without their problems. For a reliable result, blood tests need a proper blood sample taken under proper circumstances.
Many of the problems with blood tests relate to the blood sample and how the sample was obtained, including:
- Waiting too long to obtain the sample
- Contaminated blood sample
- Improper preservation or storage of the sample
- Improper transportation of the sample
- Lack of chain of custody for the sample
- Drawing of the blood sample by an unqualified person
In addition, the technology and machines used to analyze the blood samples could have problems that make the results unreliable. For instance, the technology or machines could be faulty or produce inaccurate results that have not been checked.
How an Attorney Can Challenge Blood Tests in Philadelphia
Blood tests can complicate a drunk driving case because of the potential problems with the procedures and the results. This is further complicated by the requirement of a warrant before conducting a blood test.
At D'Intino Law Firm LLC, our attorneys understand the many problems with a blood test that could be used to present a sufficient defense or present charges from proceeding to a trial. Additionally, challenging a blood test requires evidence that must be requested throughout the case.
For example, challenging the procedure in which a blood sample was taken could help establish the unreliability of the sample, but it requires chain of custody documents and other evidence.
It is important for a charged individual to understand that there are defenses available to combat blood test results. Call us today at 267-491-9111 or fill out an online form to schedule a free consultation today.