Challenging Darien DUI Sobriety Tests
If you have been charged with a DUI, speak with a skilled DUI attorney that can help. Your legal advocate can defend you by examining existing evidence and calling upon expert witnesses who can testify on your behalf. If you want to know more about challenging Darien DUI sobriety tests and how challenging a sobriety test can build your case, call an attorney today.
When Can an Officer Request for Blood to Be Drawn
The most common circumstance under which an officer can request blood is when there is an accident and someone is taken to the hospital. It is almost always at a hospital and it is drawn by a medical professional. The blood is usually drawn as part of the routine treatment and then the officers often submit a Search Warrant to receive a copy of the blood test results.
Laws Regarding Refusal of Sobriety Tests
Some individuals have no interest in challenging DUI sobriety tests. In fact, they do not want to take sobriety tests at all. If a person refuses to consent to sobriety tests, two things can happen. One, if the person eventually does go to trial, the prosecutor is allowed to introduce the refusal and is allowed to tell the judge or jury that that is probably because the person had a guilty conscience.
The second thing is that for a refusal of a test, the Connecticut Department of Motor Vehicles will require the Ignition Interlock Device (“IID”) on a person’s car for a year after they serve a suspension. If they take the test and fail it, the person will have the IID in their car for six months after the failed test.
How Authorities Test for the Presence of Drugs
At the present time, there are a couple methods for testing the presence of drugs. One is giving a urine sample which officers can test for any drug out there. Police officers throughout Connecticut are undergoing new training to specifically have field sobriety tests, but the standardized field sobriety test is more centered on alcohol. So, now they are being trained to do tests similar to a field sobriety test in which they observe the person’s physical movements to pick up on cues that allow the officer to recognize them as drugs instead of alcohol.
Even if the driver’s impairment is the result of an alcohol and prescription medication interaction, the State would still be able to charge the driver with a DUI in that circumstance. It is common for someone to be on medication and have a glass of wine at dinner without realizing that it will make them impaired. The driver can still be charged and prosecuted for a DUI.
Accuracy of Blood Tests
The blood tests for Blood Alcohol Content (“BAC”) are relatively accurate, but they are not as accurate as the breathalyzer in most scientific opinions. The reason for that is when a blood test is taken, the data is a serum blood alcohol level which has to be converted into the Blood Alcohol Content Percentage. Due to that conversion, there is sometimes a very small margin of error. Despite that margin of error, these tests are accepted by the Court and the Prosecutor as accurate.
A toxicologist is required to determine what those levels mean. They are less accurate in that the level of drug impairment will be dependent upon several things. For example, someone who smokes marijuana on a regular basis with a certain reading may be more impaired than someone who is smoking marijuana for the first time and has a very same reading. In many instances, to be accurate, a medical professional or toxicologist will be needed to interpret those numbers for that specific situation and take into account the specific facts of that case.
Alternatives to Blood Testing
Typically, if a person is able to either render a breath test or a urine sample, then they could choose either one of two tests, rather than the blood test. In Connecticut, there are not a lot of officers trying to force people to have blood tests because their first choices are the breathalyzer and then the urine sample closely following that.
Steps a DUI Lawyer Can Take to Challenge Blood Test Results
When challenging Darien DUI sobriety tests, especially in cases where it is a drug DUI, an experienced defense attorney will typically hire their own toxicologist who can interpret those results. The toxicologist can look into any history they have with substances or alcohol, or anything else to try to be able to show that the level does not necessarily mean that the person was impaired. If you have been charged with a DUI, consult an attorney that can work diligently to build your case, and challenge the accuracy of sobriety tests.