When an individual is pulled over under the suspicion of DUI, he or she likely will be asked to submit to a blood test for the purposes of determining alcohol content levels. If the driver refuses to submit to the chemical test or fails it, he or she may be charged with a DUI related offense and be forced to serve a license suspension, pay fines or even serve jail time.
In many cases, the prosecution's entire case will be based on the results of your blood test. Therefore, hiring a DUI defense attorney who can find weaknesses in blood test results can play a vital role in helping you maintain your driving privileges and stay out of jail.
Philadelphia DUI Blood Test Defense Attorney
If you have been charged with a drunk driving offense that involves the failure or refusal of a blood test, contact Lento Law Firm today. Joseph Lento is an experienced criminal defense attorney who has the experience and resources necessary to defend you during this difficult time. Call Lento Law Firm today at (215) 535-5353 to schedule a free consultation, and let Lento begin working on your case.
Information on Blood Tests in Pennsylvania
Pennsylvania Implied Consent Laws
Pa. Cons. Stat. 75 § 1547 states that anyone who operates a motor vehicle in Pennsylvania is deemed to have given their implied consent to submit to a chemical test, at the request of a law enforcement official, for the purpose of detecting the level of drugs or alcohol in their system.
If an individual refuses to submit to a blood test or any other chemical test, he or she can face jail time, fines, mandatory DUI courses, a driver's license suspension, the installation of an ignition interlock device and other applicable penalties.
Blood Tests Uses
If an individual's blood alcohol content is measured at above the legal limit (.08), he or she can be charged with DUI. Blood tests are not only used to measure the amount of alcohol in an individual's system, they are also used to detect the presence of drugs.
Unlike with alcohol, if a driver is found with any measurable amount of controlled substances in their system, he or she can be charged with driving under the influence of drugs. Blood tests can detect the presence of marijuana, cocaine, heroin, prescription drugs, opium, methamphetamines, and other illegal substances.
Problems with DUI Blood Tests
Due to their perceived reliability, blood tests are among the most commonly used DUI chemical tests by Philadelphia law enforcement. However, there are a few arguments that your defense attorney may be able to use to discredit the blood tests results. Some of these include:
- There was an error in the way the blood sample was drawn
- The blood sample was contaminated
- The blood sample was improperly stored prior to testing
- The arresting officer did not have probable cause to conduct the traffic stop or to administer a blood test
It is important to note that a failed blood test does not automatically mean that you will be convicted of your alleged offense. With the help of an experienced DUI defense attorney in Philadelphia, you may be able to successfully prove that the results of your blood test are inaccurate and should not be admissible in court, which could lead to a dismissal of your charges.
Finding the Best DUI Blood Test Attorney in Philadelphia
Joseph Lento of Lento Law Firm is a qualified defense attorney with extensive experience in defending clients accused of DUI across Pennsylvania. He will work around the clock to find evidence that discredits the evidence against you. If you have failed or refused to take a blood test in Philadelphia, contact Joseph Lento today at (215) 535-5353 to schedule your free consultation.