Blood Test
The blood test is generally more reliable
than the breath test. However, it is rarely used due to
the expense involved and the impracticality of taking all
drivers to the hospital. One requirement of the blood test
is that the blood be drawn by a physician, registered nurse,
or trained medical technician. Another problem with the
blood test is that it can be hard for the prosecutor to
get into evidence. The legal limit is .08 grams of alcohol
per 100 milliliters of blood.
A blood test is most often used when a person is suspected
of being under the influence of something other than alcohol
or when there has been an accident. If the driver was injured
in an accident, blood will almost always be taken upon arrival
to the hospital. In the case where blood is drawn for medical
purposes (i.e., to type the blood or determine whether there
is anything in the blood that would react adversely to medication)
as opposed to legal purposes, the police may obtain of the
results of the test by a search warrant served on the hospital
records department. There is, however, a specific federal
law that prohibits hospitals from disclosing confidential
information about patients treated in the hospital for drug
or alcohol related issues. Further, the Health Insurance
Privacy Protection Act (HIPPA), may be implicated in a hospital
releasing information about a patient. Thus, when blood
is drawn without a request from law enforcement, it may
be important to contact the hospital's attorneys immediately
with notice of the federal confidentiality laws and a request
that they be followed.
There are many other issues with regard to blood tests,
i.e., was the person's arm swabbed with alcohol prior to
the test? Was anticoagulant mixed with the blood sample?
Was a preservative used? Did the test measure whole blood
or just the plasma?
Blood tests warrant serious and immediate action, and
a thorough investigation.
 Go
to next document (Urine
Test)
Go
to DWI Guide
table of contents
top of page
|
