Blood Tests for DUI Cases in Pennsylvania
Pittsburgh attorney challenges unreliable evidence
Many Pennsylvania drunk-driving prosecutions turn on the results of scientific testing. Collecting a motorist’s blood is supposed to provide an accurate assessment as to whether they were too impaired to operate a vehicle safely. But there are many mistakes that occur in the collection, handling and analysis of samples. In blood test DUI cases, the proven attorneys at Phil DiLucente & Associates, LLC in Pittsburgh know how to identify problems that taint the results and lead to unjust prosecutions and convictions.
When police request blood testing in Pennsylvania DUI stops
Though breathalyzers are the tests most commonly used when Pennsylvania police suspect a driver is impaired, there are situations where a blood draw might be more appropriate. Breath tests typically cannot assess whether a driver is under the influence of marijuana or another type of drug. Serious cases involving potential DUI with an injury could also compel law enforcement to seek blood evidence. This generally requires police to obtain a warrant or get consent from the subject, because withdrawing blood is more invasive than collecting a breath sample.
How blood alcohol testing works in DUI investigations
Along with the need for a warrant, collecting a blood sample usually requires police to transport a DUI suspect to a hospital or other type of medical facility. To provide an accurate assessment of the driver’s condition at the relevant time, the test usually should be done within two hours of when the person was operating their vehicle. Trained personnel must maintain a sterile environment while taking the blood. From there, the sample is analyzed in a laboratory consistent with best practices.
Legal limits and drug-related DUI blood testing in Pittsburgh
Most drivers are charged with DUI in Pennsylvania when their blood-alcohol concentration (BAC) is .08 percent or higher. Penalties are increased for motorists classified as High BAC (.10 to .159 percent) and Highest BAC (.16 percent and above). However, drivers of commercial vehicles (.04 percent) and motorists under the age of 21 (.02 percent) are held to stricter standards. Blood testing for controlled substances can be very complicated, with specific intoxication rules for particular drugs and situations where a substance is present in a subject’s body long after their psychoactive effect has worn off.
Problems that can arise with blood test evidence
At any stage of the DUI blood-testing process, a problem can occur that makes any evidence obtained unsuitable for use at trial. Misinformation or deception might be used to secure the warrant. Contamination of the sample, substandard storage practices or mishandling on the way to the lab could lead to a false result. Even a labeling error can compromise evidence integrity.
Can you refuse a blood test in Pennsylvania?
If you’re arrested on proper grounds and refuse to provide a blood test sample, you can have your driver’s license suspended for 12 months or more under Pennsylvania’s implied consent laws. This is true even if no criminal charges are forthcoming. Should you be convicted of DUI, court decisions have upheld the warrant requirement or consent, but if you say no to a blood test, there will be consequences.
Contact an aggressive Pennsylvania DUI defense lawyer for a free consultation
The attorneys at Phil DiLucente & Associates, LLC in Pittsburgh have a deep understanding of Pennsylvania law in DUI cases. If you’ve been arrested and were given a blood test, we can assess whether the evidence collected might be excluded due to improper police procedure. To set up a free consultation at our office, please call 1.800.GET.PHIL or contact us online.
