Changes In The DUI Blood Draw Law And Its’ Consequences

Recent changes in the DUI blood draw law may significantly affect the overall situation on the roads. The law itself now allows the EMT (Emergency Medical Technicians) to draw blood samples from the DUI suspects on the spot. Now, prior to that change, only qualified healthcare professionals, nurses and specially trained medical personnel were allowed to perform the procedure. Nevertheless, the main problem was that getting a potentially drunk person to the doctor took way too much time, so the results could be very different and the individual could sober up by the time of the procedure.

On the other hand, now, most law enforcement officers, who have already been trained as EMTs have the possibility to draw blood samples from the offender right on the spot. Furthermore, in case an ambulance is called on the site of the incident (which happens most of the time), its team has the authority to draw blood samples in order to determine if the person was driving under the influence of alcohol or illegal substance. Some may argue that blood drawing from the DUI offenders is illegal, but in truth it is a grey area, so the law is open to interpretations in some extent. The law enforcement officers may need a warrant to draw the offender’s blood sample. However, under extreme circumstances, the law enforcement officers have the right to draw blood of potential DUI offenders without any warrants. Yet, what are those extreme circumstances and when police officers can or cannot draw blood is a very broad question that may actually be open for debate.

DUI cases with blood draw procedures are far more complicated than the usual DUI offense scenarios. See, the scientific process may convince the judge that an individual was actually driving under the influence of alcohol and he or she endangered lives of other people around them. Nevertheless, even the most sophisticated blood tests are at times somewhat inaccurate, so it is very difficult to say for sure if a person was actually intoxicated or not.

This is one of many reasons why it is so important to find a qualified as well as genuinely experienced legal representative, who will have skills and expertise to fight against those test results and who would argue about how legal it was to draw blood samples right on the spot by the EMT. This is the only way to avoid harsh legal penalties that may include losing your driver’s license, expensive fines and even jail or prison time.

A good Sacramento DUI lawyer will know exactly how to approach and convince the judge that blood samples were not taken legally, that tests were inaccurate and that you were not driving under the influence of alcohol. Therefore, if you or your loved ones were charged with a DUI in line with blood test results, we simply cannot help but recommend you to get in touch with a good lawyer as soon as possible. Otherwise, you risk losing your case and facing penalties in full, which is not the most beneficial outcome indeed.

Sacramento DUI Attorneys, www.sacramentoduilawyernow.org