Tag Archives: BLOOD TEST

Can a DUI dismissed if they bruised your vein when taking blood test?

Q: Hi. I got pulled over for a traffic stop and the car smelled like marijuana. They wrote me a citation and they were going to let me go but the passenger in the back seat threw up out the window, so they made me stay and get out the car for a sobriety test. They arrested me and took me to get a blood test. (McKeesport, PA)

A: Sure. And not only can you get your case dismissed, but the police must give you a written apology and take you to breakfast! No, not so. I know of no bruised vein defense. If you feel there was something amiss with your blood draw, you can always have your attorney consult review the tests and if warranted, consult with a forensic expert to review the results.

Can a DUI dismissed if they bruised your vein when taking blood test?

Q: Hi. I got pulled over for a traffic stop and the car smelled like marijuana. They wrote me a citation and they were going to let me go but the passenger in the back seat threw up out the window, so they made me stay and get out the car for a sobriety test. They arrested me and took me to get a blood test. (McKeesport, PA)

A: Sure. And not only can you get your case dismissed, but the police must give you a written apology and take you to breakfast! No, not so. I know of no bruised vein defense. If you feel there was something amiss with your blood draw, you can always have your attorney consult review the tests and if warranted, consult with a forensic expert to review the results.

Do the police still need a warrant in PA? for DUI blood testing?

Q: My son was pulled over for traffic stop. Then the police cited him for DUI. They took him to the hospital to do a blood test which he consented to. They also tested his blood for other drugs which he didn’t know at the time. He was clean of all drugs just the alcohol came back as he was over the limit. Do they still need a warrant for this under the new US Supreme Court law of the 4th Amendment and the state of PA to draw a blood test? (Meadville, PA)

A: Yes, after Birchfield v. North Dakota which ruled that police need a warrant to obtain blood, the PA Department of Transportation changed its O’Connell warning form. As the law currently stands post-Birchfiled, police need consent from a DUI suspect. If not, they must get a warrant. Given the fact that PA has such a strict penalty for refusing to consent to chemical testing (one-year license suspension) most driver’s consent to blood or breath testing. I know I would.

Can I beat a first time DUI? No warrant for my blood!

Q: My blood was drawn with NO WARRANT on July 10th of this year. I got pulled over. They said I failed the FST’s but I know a didn’t and I have witnesses who were in the bar parking lot. They took me immediately to hospital where blood was drawn.

A: You are probably charged with two subsections of the DUI statute. One based on the officer’s observations-how you acted, smelled, spoke, looked, handled FST’s, etc. 3802 (a). The second subsections, 3802 (a) (1) and (b), would be based on the blood test results. Pennsylvania adopted Birchfield v. North Dakota under which the blood test results will be thrown out (suppressed) if there was no warrant used to seize the blood from the hospital by the police. However, if the arresting police department amended their informed consent form prior to your arrest to counter the effects of Birchfield, Birchfield may not apply. Even if you get a break with Birchfield, you still can be prosecuted on subsection (a). I would review your case with a lawyer.

Fear of needles! Is this a refusal for blood testing?

Q: My friend has an intense fear of needles and was in a car accident. He was taken to the hospital and was asked for a blood test. He informed them he was terrified of needles and was willing to do anything…. urine, breath or to figure out a way for a blood test but he had a very strong fear of needles. They said okay and drove him home. Now they are saying he refused and he will lose his license for a year. Is there any kind of disability that they were unaccommodating here? Unwilling to numb or knock him out or something? Surely there is some alternate procedure for people with this phobia that he was denied? (West Newton, PA)

A: You have no choice in PA as to what test is given. If the arresting authority had no breathalyzer machine, they had no choice.  I have had cases where the police honored such a request when they had the test machines at their station. Just about any form of resistance to the request for blood alcohol testing pursuant to a DUI arrest is considered a refusal in PA, under the strict administrative rules of the PA Department of Transportation. The only defense I can imagine to this is if he has a doctor testify of this needle phobia existing prior to the DUI and of prior incidents in which he could not be treated medically with injections. Courts are generally not receptive to arguments like this or other similar ones such as person’s alleging they cannot urinate in a bottle.

 

Drug DUI charges

Q: I got stopped for expired tag, I didn’t drive faulty and obeyed all traffic laws, officer noticed that I had slurred speech and saw bruises all over my body and mud. He also noticed that I couldn’t follow directions he asked me to do hgn test 6/6 cues then did walk and turn 8/8 cues and 4/4 cues on one leg stand there was a small rain shower while the tests was performed. I am prescribed glasses but wasn’t wearing them that day. I stumbled several times while being placed under arrest and made strange comments at times when I got to the station an EMS drew my blood which tested positive for phenazepam and mitragynine the exact concentration of the drugs was not provided. Can the government provide this state beyond a reasonable doubt in your opinion?

A: You can be arrested for DUI if in the officer’s opinion, it appeared that you were incapable of safe driving due to being under the influence of alcohol or a controlled substance. If your testing came back with a controlled substance in your system, there is probably sufficient cause to arrest you. Provided however, they will need to prove that you had no prescription for the drug in your system or the level in your system was beyond the therapeutic level. The last time I visited this issue the Commonwealth had to send the blood work out to an independent lab and call and expert for trial. You should see an attorney about this as you may want to contest this until you see the proof.