Aug 04, 2019 Blood tests in DWI cases according to Virginia DUI lawyer
Blood tests are common when a DWI defendant refuses breath testing, says Virginia DUI lawyer
Blood tests are frequently obtained pursuant to a search warrant in Virginia DWI cases where the arrestee refuses breath testing, is unable to provide a sufficient breath sample, has been injured and taken to the hospital, or is suspected of having being influenced by drugs. As a Virginia DUI lawyer, I know that the criminal defense needs fully to challenge the lawfulness of the blood draw, the admissibility of blood testing evidence, and the reliability of the blood test results.
Virginia DUI lawyer on challenging blood tests at the initial drawing stage
Police may only obtain blood tests in Virginia DUI cases based on the defendant’s uncoerced consent for the blood draw, a search warrant validly issued on the basis of probable cause, or exigent circumstances. Any basis for drawing the blood must be fully challenged. For instance, an injured DUI suspect may be in so much pain (or by now under the influence of post-accident pain medication) as to be unable to give consent. Search warants are not always validly issued and executed. Exigent circumstances rarely exist where the DWI suspect is conscious and a judicial officer is available to issue a search warrant to draw blood.
Virginia DUI lawyer warns about risking an obstruction of justice prosecution for refusing the execution of a blood draw search warrant
If a Virginia DUI suspect refuses the execution of a blood search warrant, the suspect risks an additional criminal charge of misdemeanor obstruction of justice, which could look worse on one’s criminal record than simply allowing blood tests pursuant to a search warrant.
Blood draw DUI cases bring numerous defensive possibilities. It is important timely to obtain a qualified lawyer to pursue those defenses.
Virginia DUI lawyer Jonathan L. Katz pursues your best defense against DWI, felony and misdemeanor prosecutions. To discuss your case with Jon Katz, please call his staff at 703-383-1100 to schedule a confidential consultation.