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Know your rights concerning blood alcohol tests

On Behalf of | Sep 3, 2014 | Drunk Driving |

During a DUI traffic stop, there are a number of tests you may be asked to submit to. However, in the heat of the moment, you might be unsure how to respond. The fear of incrimination, even if you know you have not been drinking, can make the thought of taking any of these tests intimidating.

It is important to remember as is explained here that in the process of obtaining a license, drivers generally have to consent to submitting to such a test as required. Refusing to do so could result in the automatic revocation of your license. However, when faced with the potential consequences of a drunk driving conviction, this might seem like a favorable option.

The legal limit for your blood alcohol concentration is usually 0.08. However, your BAC depends on a number of factors, such as your body type, the amount you have had to drink and the time that has passed since you consumed it. To test your BAC, officers may use a Breathalyzer, request a urine test or draw blood directly.

In certain circumstances and certain states, officers might take a blood sample by force. A forced blood draw is generally a rare occurrence, but may be deemed necessary if a driver refuses to participate in a BAC test after being involved in a serious accident. However, according a 2013 ruling by the U.S. Supreme Court, a warrant is required for such a procedure.

Facing drunk driving charges can be daunting, but it is not something you have to face alone. An attorney may be able to assist you in preparing your defense. He or she may then be able to assist you in clearing your name and potentially avoiding conviction altogether.

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