Mississippi Criminal and Family Law BlogTest results are crucial in proving DUIs. If the authorities fail to obtain results that suggest intoxication, it is difficult for them to convict alleged drunk drivers. Not all DUI tests are the same. Two of the most common types are breath tests and blood tests. When defending yourself against DUI allegations, it may help to understand the differences between these two tests. Which test is more accurate? Can you refuse either test? How can a DUI defense attorney in Mississippi help you avoid charges despite convincing test results?
Blood Tests are More Accurate Than Breathalyzer Tests
Generally speaking, blood tests are more accurate compared to breathalyzer tests. In addition, they can test for a wider range of substances. Aside from detecting alcohol, a blood test can identify illegal or prescription drugs. When you take a blood test, few substances will fall under the radar.
That being said, blood tests can still fail to provide reliable results. As your lawyer looks into your test results, they may find evidence of various errors. For example, the blood test may not have been carried out by a licensed medical professional. Your blood sample may have been improperly stored. Perhaps your blood sample was incorrectly labeled. Maybe the authorities mixed up your sample with someone else’s. Blood tests may be more accurate than Breathalyzers, but they are still carried out by humans. All humans make mistakes.
Breathalyzers Are Usually “Preliminary”
Breathalyzer tests are less accurate. Police officers use these tests because they are more convenient. Instead of trying to take a sample of blood from your arm on the side of the highway, officers can simply ask you to blow into a tube.
Breathalyzer tests usually represent a preliminary step in your DUI arrest. In other words, they help establish “probable cause.” A positive reading on a Breathalyzer test might not be enough to establish your intoxication “beyond reasonable doubt.” But it may provide enough proof for an arrest.
After the arrest, police can subject you to an additional blood test. A positive blood test confirms that the initial Breathalyzer reading was correct. The authorities use blood tests to “double-check” a Breathalyzer result.
Can You Refuse a Blood Test or a Breathalyzer Test?
You can refuse to participate in both blood tests and Breathalyzer tests in Mississippi. However, you may encounter various penalties for test refusal under Mississippi’s “implied consent” laws. The main penalty is the suspension of your license. Note that even if you refuse at first, the authorities could theoretically obtain a court order that enforces the test. This would “compel” you to submit to a blood test. In other words, law enforcement officers would physically force you to take a test against your will.
That being said, you may be able to refuse a blood test under certain conditions. For example, if you have a medical condition that makes blood tests unsafe, you can theoretically request a different type of test. Note that police officers would probably order a urine test at this stage, which is still more accurate than a Breathalyzer.
Some Police Departments May Not Have Access to Blood Tests
In some cases, blood tests might be impossible. Some departments are not equipped or trained to handle these tests, and they may be forced to rely on other testing methods as a result. This could make it more challenging for them to obtain convincing evidence of your DUI. However, you should know that even the most rural police departments in Mississippi have extensive budgets for DUI action. Even if rural police departments cannot access blood testing labs, they can still send your blood sample to the nearest laboratory.
If they do not have access to licensed medical professionals or blood testing equipment, they can simply ask you to provide a urine sample. They may then send the sample to the nearest laboratory for analysis.
Fight for Your Rights Alongside a DUI Defense Lawyer in Mississippi
Test results might be far less convincing than you realize. An experienced defense attorney in Mississippi can cast doubt upon the accuracy of your results. However, this represents only one potential defense strategy for DUI defendants. The most appropriate course of action depends entirely on your unique circumstances. To fight for your rights effectively, it makes sense to consult with a DUI defense lawyer in Mississippi. Choose Vic Carmody Jr., P.A. – and get started with a defense strategy today.