2007-03-19 06:00:11 · 9 answers · asked by Other 2 in Politics & Government ➔ Law Enforcement & Police
I am not a legal expert by any means, but an officer cannot make you take a blood toxicology unless their has been a serious injury where their is a chance someone might die. Also, you as the detainee can chose to have a blood test if you do not want go with a breathalyzer. Only reason I know this is working one of my few shifts ever in an ER down in Texas I managed to have to be pulled in to court in regards to chain of custody of a blood sample. Spent about 4 hours in court and never got to testify.
2007-03-21 13:40:20 · answer #1 · answered by Frank R 7 · 1⤊ 0⤋
Most of the time when an officer takes a person for a blood test it is because they think they are on some kind of medication or drugs as well as the alcohol or if there was an accident and could not get the person to the intoxilizer the get a medical professional do the test at the emergency room!
2007-03-20 02:23:41 · answer #2 · answered by mcnppo1 2 · 0⤊ 0⤋
In the 3 States I have lived in, after failing a field sobriety test, you have your choice of breath test or blood test. Some people think that the extra time it takes to get a blood test will lower the alcohol content. I would trust the blood test more than the breath test.
2007-03-19 13:13:25 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
It depends on the situation...If there was an admission to drinking alcohol and there were other drinking and driving offenses on the drivers record, in some states a blood test is mandatory and can not be refused. Or if the driver admits to disabilities such as walking or a poor education as far as ABC's and counting, the only way to test would be blood draw.
2007-03-19 13:14:52 · answer #4 · answered by cuzindaisy 1 · 0⤊ 0⤋
Probably because the Intoxilyzer was not working properly. Some states leave the initial and second test up to the descrition of the officer and which method he or she chooses. The third test, which is optional is left to the arrestee.
2007-03-19 13:56:33 · answer #5 · answered by Quasimodo 7 · 0⤊ 0⤋
If the breath analyzer machine was inoperable for some reason, an officer can request a blood sample instead. Also, if a suspect is incapacitated for whatever reason a blood sample can be obtained as well.
2007-03-19 13:04:32 · answer #6 · answered by Pipe Grampa 2 · 0⤊ 0⤋
If there is a serious accident, they can take blood, as the person may refuse to blow or pee in a cup.
The driver may also request the blood test.
2007-03-19 13:04:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
a blood alcohol is much more accurate . and in some states is the only test admissible in court
2007-03-19 13:07:57 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Cases involving an accident or death in an accident. It can also be the choice of the suspect if he volunteers it.
2007-03-19 13:19:09 · answer #9 · answered by dude0795 4 · 0⤊ 0⤋