Michigan Drunk Driving Blood Test Attorney

A blood test may be required if you are arrested on Drunk Driving charges

In Michigan, drunk driving is a crime that is punishable by possible jail time, fines, or suspension or revocation of one’s driver’s license. If a person is arrested for drunk driving or collision occurs in relation to a drunk driving offense, a blood test might be done to determine the amount of alcohol (BAC) in the suspect’s system.

A blood test is not as commonly conducted as a breath test in Michigan, because it is typically done after a client has refused to comply with a request to take a breath test or chemical test. According to Michigan Compiled Laws 257.625(c)(1), a driver who operates a vehicle while drunk or impaired gives implied consent for a blood test. At times, a warrant or a court order may be issued to obtain a blood sample when a suspect refuses. Refusal of the blood test can result in a person’s license being suspended for one year.

Under MCL 257.625(6)(c),(d), and (e), the blood test is considered a chemical test that can only be conducted by a licensed physician or another qualified person upon the reasonable request of an officer. There are particular administrative rules that must be followed in drawing blood to check for the amount of alcohol in a suspect’s body. A qualified medical person must use a clean needle to draw a sample of blood from the suspect’s arm. The blood must be labeled and preserved to prevent contamination, to insure accurate results, and to make sure that the right person’s blood test is read into evidence in court. The blood alcohol content is then measured in a lab. The blood draw can occur in a hospital or a police station with a blood testing kit. Although the results are supposed to be timely received, there is a chance that a person may have to wait a while before getting them. Consequently, it is best for a person to obtain an attorney as soon as he or she is arrested and the blood test occurs. The blood sample is typically kept by a lab for a year, in which time the accused has the right to request their own analysis of the blood sample.

The blood test is admissible in a Michigan court as evidence that the accused was driving while drunk, impaired or drugged. The trial attorneys at Kronzek & Cronkright, with the help of expert scientists, often have the ability to argue that a police warrant may not be sufficient because of lack of probable cause, that the failure to comply with the blood sample request can result in the inadmissability of the evidence at trial, that the administrative rules for testing were not precisely followed, or that the blood sample may be contaminated or inaccurate. We have the skill and knowledge to fight the evidence of a faulty blood test result and will work hard to defend you.

If you are facing charges of refusal of a blood test or the use of BAC evidence by the prosecution, call us today. Our trial attorneys stand ready to assist you and protect your rights: 1 (866) 766-5245.