Ask to be released in order to get an Independent Blood Test. Sometimes, after a person has been arrested for DUI, and has had their blood drawn or breath tests done, the officer will tell the suspect that they have the right to an Independent Blood Test. This can literally be a “Get Out of Jail Free” card. Most people, unfortunately, don’t want to bother, or don’t understand what it means. Basically, the officer has gathered evidence to use against you at trial on a charge of DUI, specifically a sample of blood, or your breath test results. You, however, have the right to prove your innocence – proof that the officer’s evidence is absolutely wrong. It is not enough that you are able to retest the blood sample that the officer took from you, you have the right to your own blood test, extracted by your own phlebotomist, and tested by your own laboratory. This is the “Right to an Independent Test.” The interesting thing about this is, while most people can’t, in reality, get this Independent Blood Test; because they don’t know who to call, don’t know where to go, don’t want to get another blood test done, and can’t just walk into a hospital and tell them to take your blood, that is not the point. The issue is, did the police officer interfere with your Right to an Independent Test. You don’t actually have to get an Independent Blood Test, but you want to ask to be released to get an Independent Blood Test. If the officer was going to take you to jail, this can be your “Get Out of Jail Free” card. If the officer doesn’t allow you to get this independent evidence sufficiently enough, it can lead to their blood or breath test evidence being suppressed… because basically it is unfair. If the officers are allowed to gather evidence to be used against you, you should be allowed to gather evidence to be used to combat the officer’s evidence. You have a right to prove your innocence, if that is interfered with, the officer has violated your right to Due Process and Fundamental Fairness in the legal system.