The Blood Test Administered at Police Headquarters Can Be Conclusive Proof of a Virginia DUI

When you're arrested on a driving under the influence (DUI) charge in the state of Virginia, the single most important piece of evidence is the blood test you're compelled to take at police headquarters, which produces an accurate reading of your blood-alcohol (BAC) level. If this test indicates a BAC at or above the legal limit of 0.08 percent, you will officially be booked for a DUI—which is why it's important to hire an experienced defense attorney who can make sure that this test was properly administered and interpreted.

A Police Blood Test Counts as Conclusive Proof of DUI

During a DUI arrest, the police officer has to administer a series of tests, including a field sobriety test (walking a straight line, counting backwards from 100, etc.) and a preliminary breath test (what most people call a “breathalyzer”). What many people don't know is that these tests, in and of themselves, are not necessarily indicative of DUI—they simply give the officer probable cause to take you back to police headquarters for a more accurate blood-alcohol test. If you fail this test—that is, if your BAC reads at or above 0,08 percent—you're officially booked for DUI and you'll have to hire a lawyer.

The BAC test at police headquarters is a complicated procedure, and a botched or improperly administered test can be seized on by an experienced attorney. For instance:

  • Was the machine properly calibrated?
  • Was your blood sample clearly marked and placed in a secure location?
  • Was your blood sample properly handled by a laboratory technician?
  • Did the person who administered the test have the proper training?
  • Did the police keep track of your blood sample during every step of the testing and diagnostic process?

Any gaps in this chain of evidence—a faulty piece of testing equipment, an improperly trained lab tech, a three-day gap when the whereabouts of your blood sample were unaccounted for—can be enough for an experienced lawyer to have your DUI charge dismissed.

DUI Is a Serious Charge that Demands Serious Representation

If you're fighting a DUI charge, you need an attorney who is willing to challenge every piece of evidence, no matter how small—including every single event that transpired after you were brought into police headquarters and given a blood test and every link in the chain of documentation concerning your blood sample. Call Jarrell, Hicks & Waldman, PC today for a free consultation!