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Can You Contest a Blood Test?

January 12, 2022 John Engman & Associates

Can You Contest a Blood Test?

reject a blood test

Anyone arrested for DUI in Michigan will be tested to determine their blood alcohol content, either by a DataMaster breath test or a blood test performed at a hospital. The police will use these test results to charge people accused of drunk driving. While blood tests are not used exclusively in these types of instances, you must move quickly to prevent fines, possibly jail time, driver’s license suspension, and other consequences if you are convicted. Furthermore, if you have gotten a DUI, you may be interested in our DUI Expungement Michigan Services.

Blood Tests in Michigan Drunk Driving Cases

While there are other methods for determining BAC, they all require correct administration and calibrated equipment. For example, a chromatograph measures an individual’s blood in chemical testing. This process includes drawing blood and mixing it with chemicals; essentially, blood and alcohol separate, allowing the level of alcohol in a person’s system to be determined.

It is critical to remember that the blood taken during the process must be appropriately labeled and stored for the results to be reliable. The legal team of John Engman & Associates will consider all the ways your results could be tainted. To secure the best possible outcome for our client, we will vigorously fight any blood test findings that appear to be suspect.

Implied Consent Regarding Blood Tests in Michigan

Those arrested for a DUI violation in Michigan must submit to a blood alcohol content test. In fact, you automatically consent, or give your permission, to chemical testing of your blood, urine, or breath when police have reasonable cause and pull you over on suspicion of operating a motor vehicle while under the influence of alcohol or drugs. In Michigan, it’s known as the Implied Consent Law. The documents you sign while applying for a Michigan driver’s license include an agreement regarding this rule, which most drivers are unaware of. So when you apply for your driver’s license, you agree that you will submit to chemical testing if authorities request it when arrested for DUI.

People who refuse to take a blood test will have their driver’s license suspended for one year. People who previously refused the blood test could have their license suspended longer. Therefore, it’s critical to contact a reputable Michigan DUI lawyer as soon as possible when charged with drunk driving. It is possible to contest BAC tests administered by police, and you also have the right to have an additional BAC test administered by someone of your choosing.

Contact John Engman & Associates to help with your drunk driving defense. We will look into the following to determine if your blood test was tainted: 

  •       The timing of the blood test
  •       Improper storage or travel of the blood test
  •       There wasn’t enough Sodium Fluoride
  •       There wasn’t enough Potassium Oxalate

Defending DUI Cases in Grand Rapids, Michigan

John Engman & Associates provides assistance and support throughout every stage of drunk driving cases. Contact us today! Our ability to effectively challenge blood test findings is a product of our years of expertise and skill. We are well aware of the severe criminal penalties that anyone convicted of drunk driving faces. Our first objective is to give excellent legal counsel and assist you in avoiding a conviction.    

Our criminal defense attorneys would be more than happy to assess the details of your case. To request a free consultation, call John Engman & Associates at (616) 454-5222.