DUI Blood Test
If an individual is suspected of DUI in Pennsylvania, the law enforcement officer may request a blood sample to test for alcohol or controlled substances. A blood sample can be requested for DUI when:
- The individual refuses to take a breath or urine test;
- The individual was involved in a car accident;
- The individual blew under the legal limit, but the officer still suspects they were incapable of safe driving;
- There is no alcohol odor on the individual or in the vehicle, but the officer still suspects they were incapable of safe driving.
It is important to remember evidence from a blood test is admissible in a criminal proceeding for the underlying DUI offense. Evidence of refusal to take a blood test may also be used in any criminal proceeding for the underlying DUI offense.
West Chester DUI Blood Test Attorney
If you were arrested for DUI involving a blood test to determine whether you were under the influence of alcohol or controlled substances, it is important to contact an attorney who is knowledgeable in Pennsylvania’s DUI laws. Michael J. Skinner of the Skinner Law Firm will discuss the facts and circumstances of your particular case with you and make every effort to fight the allegations against you. Contact the Skinner Law Firm at (267) 388-3476 today for a consultation about your alleged offense.
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Implied Consent for Blood Testing in Pennsylvania
According to Pa. Cons. Stat. 75 § 1547, implied consent is given by every driver in Pennsylvania to submit to chemical testing of their breath, blood or urine for alcohol content or controlled substances when they drive, operate or are in actual physical control of a motor vehicle if the driver is suspected of driving under the influence.
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Reliability of Blood Tests in Pennsylvania
Blood tests are usually considered more accurate than breath or urine tests, but the results of a blood test may actually be easier to fight at trial than the results of other chemical testing for a variety of reasons, including but not limited to:
- Foreign substances are more likely to affect a blood sample or be present in a blood sample;
- The blood test was taken outside of the permissible two hour window;
- The individual who took the blood sample may not have been a qualified individual under Pennsylvania law; and
- There is a higher risk of contamination as several people may have handled the blood sample.
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Pennsylvania DUI Drug Blood Testing
If an individual is pulled over for driving under the influence of alcohol and submits to a breath test, but blows under a .08%, or there is no smell of alcohol on the driver or in the car, the law enforcement officer may request a blood sample to test for drug impairment. The blood sample will be sent to a lab to test for the presence of any of the following controlled substances:
- Cannabis
- Cannainoids
- Cocaine
- Heroin
- Marijuana
- Medications
- Methamphetamines
- Opiates
- Opium
- Pain pills
Although blood tests are typically accurate in determining whether controlled substances or metabolites are present in an individual’s blood, the tests do not accurately show when the individual was under the influence of the drugs to determine whether they were incapable of safe driving. Therefore, drugs may still be found in a person’s blood after they are no longer under the influence of the drugs.
For example, a blood test does not accurately show whether the driver was incapable of safe driving under the influence of cocaine at the time the driving occurred, even when certain opium or cocaine metabolites are present in the blood sample.
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Penalties for Blood Test Refusal in Pennsylvania
If an individual who refuses to submit to a blood test to determine blood alcohol concentration (BAC) may be severely penalized under Pennsylvania law if subsequently convicted of DUI.
A first DUI conviction involving a refusal to submit to chemical testing when the driver has a BAC of .10% to .159% is a misdemeanor of the first degree, and may be subjected to the following punishments:
- Ignition interlock device installation for one year;
- Driver’s license suspension one year;
- 72 hours to six months in prison;
- Fines ranging from $1,000 and $5,000;
- Successful completion of an approved alcohol highway safety course; and
- Successful completion of alcohol or drug treatment.
A second or subsequent DUI involving a refusal of chemical testing is also a misdemeanor of the first degree, but the individual may be subjected to the following penalties upon conviction for the DUI offense:
- Ignition interlock device installation for one year;
- Driver’s license suspension 18 months;
- One to five years in prison;
- Fines ranging from $1,500 and $10,000;
- Successful completion of an approved alcohol highway safety course; and
- Successful completion of alcohol or drug treatment.
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Skinner Law Firm | DUI Blood Testing Lawyer in Pennsylvania
Contact the Skinner Law Firm at (267) 388-3476 today for a consultation about your DUI blood test in Chester County, Pennsylvania, and the surrounding counties of Lancaster County, Delaware County or Montgomery County. Michael J. Skinner is an experienced West Chester DUI attorney and will make every effort to find the most desirable outcome for your alleged offense.