If you’ve been arrested for a DUI, law enforcement may have asked you to submit to a blood test. You can refuse this request, but you could face severe penalties.
Police will often take a motorist to a DUI blood test at a hospital. The blood sample will be sent to a crime lab for analysis.
Why is a blood test taken at a hospital?
A blood test can provide information about your blood alcohol content (BAC), as well as other substances in your system, such as marijuana or drugs. This type of testing is generally more reliable than breath tests, which can be impacted by lab errors.
A phlebotomist or nurse will insert a needle into your skin, usually from the back of your hand. Then, they’ll apply pressure for a few minutes with cotton-wool or a plaster to keep the wound clean.
Some people feel a little nervous about having a blood test, but it’s usually safe and painless. It’s also helpful to tell the person who’s taking your sample if you feel faint or lightheaded, so they can help you relax.
A blood test is usually a good way to check for many things, including heart problems and infections. It can also help doctors see how a medical treatment is working and how your body’s organs are working.
How is a blood test taken at a hospital done?
A blood test is a lab analysis of substances in your blood. You may get blood tests to see if you have a disease, or to find out how well your medications are working.
The most common way to get blood is through a phlebotomist who uses a sharp tool to puncture a vein in your arm or hand. They then collect the blood with a tube and send it to a lab.
You might feel a little prick or stinging when the needle is inserted into your skin. But that usually stops quickly.
In some cases, you might be asked to hold your arm or hand still while they draw a sample. The area is cleaned with a special solution to make sure there are no germs.
Many hospitals have their own laboratory that is used for most of the routine testing that goes on in a hospital. They also use reference laboratories for specialty tests that are ordered less often.
What happens if I refuse a blood test at a hospital?
If you are under arrest for a DUI, law enforcement may take you to a hospital to have your blood tested. This can happen at the scene of an accident or after you are arrested for DUI.
Refusing a blood test at a hospital can have serious consequences. It can cost you your driver’s license and may even result in a conviction for a DWI.
Police can use a blood test to check for drugs or alcohol that are not included in a breath test, such as prescription medication or narcotics. Refusal to take a drug or alcohol blood test can lead to serious penalties, including losing your driver’s license for a year or more.
If you are in this situation, it is important to seek legal advice from a qualified DWI attorney. He or she can help you decide whether a blood test at a hospital is the best option for your case. Then, you can make an informed decision about how to proceed with your DUI defense.
What happens if I refuse a breath test at a hospital?
If you refuse a breath test at a hospital, you may risk being charged with a DUI or DWI. Refusing a blood test will also result in a civil penalty that can impact your driving privileges.
New York has an implied consent law that requires you to agree to take a breath test in cases where police have reasonable suspicion of drunk driving. However, this law does not apply to field sobriety tests.
Refusing a breathalyzer can be to your advantage only if you are very intoxicated, and even then, it might not make sense to do so.
For example, if you have a condition such as lactose intolerance or fructose malabsorption, then you might be able to argue that your body couldn’t muster enough breath to test your BAC. This could help you avoid a criminal charge.