Matthew L. Nebeker, Attorney at Law

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(702) 829-7007

Matthew L. Nebeker, Attorney at Law

Typically, when an officer requests a blood draw after a DUI arrest, the first things they do is get a forensic blood drug test kit. Those kits are designed to make it easy for officers and law enforcement personnel to get a sample. Inside are special tubes that contain a preservative, used for forensic analysis, and swabs to clean the area. The swabs don’t contain alcohol, which could interfere with the blood of the sample. The kit also contains labels that the officers can fill out with the driver’s information.

The officer will call in a paramedic, a nurse, or someone who is certified to draw blood. Not all law enforcement agents are given special training, so most have to call someone who is trained to do the draw. When they arrive, they’ll draw the blood, put the samples in the tubes, put it in the kit, and then the kit is sealed and it’s taken for evidence. I tell my clients that they can try to refuse a blood draw but most of the time, the officer can get a warrant and when they get that warrant, they’re going to get your blood. Even if they have to hold you down with five officers, they’re going to get the blood.

When Would A Blood Test Be Used Instead Of A Breathalyzer?

Blood tests are usually used when the officer believes that the driver may be under the influence of something other than alcohol. If the portable breath test blows negative and the driver doesn’t smell like alcohol, the officer may think that something else is involved.

Can I Refuse A Blood Test? What Are The Consequences Of Doing So?

You can refuse to do a blood test. However, there is something called the implied consent law. When the state issues you a driver’s license and you sign your name to receive that driver’s license, you have implied that you have consented to submit to those tests. If you refuse and the officer believes that there is probable cause that you are under the influence, they can get a warrant and force a blood draw. When you refuse, the consequences can be severe, like revocation of your driver’s license. I always tell my clients to submit to the blood test because they’re likely going to get a warrant anyway.

For more information on Procedure For Blood Draw In A DUI Case, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 829-7007 today.

Matthew L. Nebeker

Call For A Free Consultation
(702) 829-7007