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DUI Rights to an Independent Blood Test

Your Rights to a DUI Independent Blood Test

When you are arrested in Arizona for a suspected DUI, the officer might order a DUI blood test. Before a blood test can be ordered, the officer must first either obtain your voluntary consent or secure a search warrant. Upon drawing your blood, the officer is required to advise you of your right to conduct independent testing of your blood. However, you might not know how to find an independent lab to draw your blood after hours to test it for your alcohol concentration. Because it might take you some time to locate a blood testing facility and get transportation, several hours may have passed. Since the alcohol in your blood dissipates over time, this can be a real problem.

If you ask for independent blood alcohol testing, the officer cannot do things to unreasonably interfere with your right to obtain this sample. When you are arrested for a DUI, you should contact a Phoenix DUI attorney as soon as possible. You have the right to ask for an attorney, and you should do so as soon as you are arrested. You also have the right to ask for an independent blood sample.

Even if you are transported to jail, you can ask the officer to take you to a local hospital to have an independent blood test performed. While you might not understand why this is important, an independent blood sample might help you to identify problems with how the blood test was performed in your DUI case.

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Understanding Blood Testing for DUI Alcohol or Drugs

When your blood is drawn to show the concentration of alcohol in your blood, you might think that the results are valid and accurate, preventing you from defending against a DUI charge. However, blood testing is not infallible. It is possible to challenge the results of a blood test on procedural, handling, and scientific grounds.

Click to Learn More About Rights to an Independent Blood Test…

Felony DUI in Arizona

Felony DUI in Arizona: What it Means to Be Charged with Aggravated DUI in AZ and What Your Legal Options Are

While the vast majority of DUIs in Arizona are charges relating to people pulled over with a blood alcohol concentration (BAC) level over 0.08 for the first time and without any further legal complications, there are some Arizona DUI designations that apply to those who have been been charged with DUIs before, or who are driving on a suspended license. 

Felony DUI and Aggravated DUI in Arizona are the Same Thing

A felony DUI in Arizona is also sometimes referred to as an aggravated DUI, and that’s because it typically means the driver has three or more DUI charges at the time of arrest. In other cases, the driver may have been charged with an aggravated DUI because s/he was driving under the influence while his or her license was already suspended or revoked as the result of some other prior charge. 

Some of the Reasons Why You May Be Charged with a Felony DUI in Arizona

You may be charged with a felony DUI if you are driving while under the influence of alcohol and/or drugs and you are also: 

  • Driving on a suspended or revoked license 
  • Driving on a cancelled license
  • You have been charged with three or more DUIs in the last seven years
  • Driving with a passenger(s) under the age of 15 in the vehicle 
  • Refusing to submit to BAC test when an ignition interlock device is installed in your vehicle

 

Make Your First Call to a Phoenix DUI Attorney 

If you have been arrested and/or charged with a felony DUI in Arizona, give Shah Law Firm a call at 602-560-7408 and we can discuss what options you have based on your prior history and the circumstances of your most recent DUI charge. 

Our AZ Law Team Has Years of Experience Defending Aggravated DUI Cases

After having successfully served thousands of people with DUI charges across the entire Phoenix Metro Area and beyond, we know exactly what it takes to get aggravated or felony DUI charges in Phoenix dismissed or reduced so that you can go on living your life and get back on the road safely sooner rather than later. 

Our Arizona aggravated DUI law team is here to assist you during this trying time. We know you’re scared of what the future may hold for you, but we also know what it takes to build a successful DUI strategy anywhere in Arizona. Give our caring and knowledgeable team a call today to get started on your defense at 602-560-7408.

Contact Arja Today to Learn How She Can Help You!

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