Legal Guide

Should I talk to a lawyer before doing a blood test after a DUI arrest?

Although almost no one plans to be arrested for a DUI, unfortunately, things happen. There have been plenty of otherwise careful and responsible drivers who ended up dealing with a DUI charge at one point in their life. While getting a DUI is far from a death sentence, it can serve to complicate your life for many years to come. Therefore, if you are facing such a charge, taking the time to develop the best strategy is the best option for moving forward. However, many people are unaware of how to proceed once they have been pulled over and are facing a DUI. For instance, should you be talking to a lawyer before submitting to a blood test after a DUI arrest? The following is an answer to this question. 

What is a DUI?

Not to be confused with a DWI (which means driving while intoxicated or driving while impaired), and DUI is an acronym for driving under the influence. In terms of the severity of each of these crimes, DUIs are considered the lesser of the two. However, there is essentially no legal distinction between the two terms. On the federal level, these charges are essentially treated the same while the severity of these changes and the consequences tend to vary from state to state. Either way, each of these charges can carry stiff penalties such as heavy fines, jail time, and more. For this reason, getting a DUI is still something you will want to avoid at all costs. 

Particularly, drivers are typically charged with DUIs when they have a blood-alcohol level that falls below the limit but still seems to be impairing their ability to drive safely on the road. Additionally, they can also be issued when a person is found to be driving on illicit drugs or even heavy-duty prescriptions. They are often charged based on things such as erratic behavior, risky driving maneuvers, semi-slurred speech, etc. Also, some states offer to reduce a DWI to a DUI for those who are first offenders. 

What does a blood test for a DUI entail?

Simply put, blood tests for DUIs involve drawing blood in order to analyze it for drugs and alcohol. Unlike breathalyzers, blood tests are typically not administered at the scene. Rather, they are often administered in sterile, lab-like environments and can typically only be done by trained professionals. However, in some cases, these tests can be administered by officers. If you believe the person who has administered your test was not qualified, you can contest the results on these grounds alone. 

Should you talk to a lawyer before doing a blood test after a DUI arrest?

If you are ever pulled over under suspicion of a DUI, it is almost guaranteed that you will be asked to submit to a chemical test. Although it is technically possible to refuse any type of testing that is requested of you, by driving in a vehicle, it is assumed that you will be willing to submit to a chemical test if a police officer should ask you to do so. Moreover, since there are often significant consequences to refusing to submit to a chemical test, outright refusing is ill-advised. 

In terms of consulting with a lawyer before you submit to a blood test for a DUI, this is typically a good idea. No matter what you are being told, requesting to speak to a lawyer before you submit to a blood test is totally within your legal rights. However, this is only provided that it is not determined to somehow interfere with the investigation overall. Therefore, if the lawyer is not present at the site or readily available when you try to contact them, you may be denied your right to contact a lawyer before you submit to your blood test. In other words, this is entirely up to the offers who are handling your case. In many instances, when the driver has been polite and cooperative, the officers will often provide the suspect with some leeway in terms of reaching out to a lawyer before submitting to a blood test. On the other hand, if the police feel that you have been uncooperative and have otherwise put them or the investigation at risk, they will be much less likely to give you extra time to contact a lawyer. Either way, while contacting a lawyer will not totally get you off the hook, it will allow you the peace of mind of knowing what you're facing, while also helping you to get released as soon as possible. 

Overall, if you have been pulled over for a DUI there is no need to panic. Simply contact a lawyer as soon as you can, in order to ensure that you have a legal professional on your side. If you want to discuss the facts before you take a blood test, our team of professionals here at Lexington Defense is ready and willing to assist you. 

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