When it comes to DWI testing, there are several types. Of those, an officer may choose to ask you to complete one or several of them. If the situation progresses, You may be brought back to the station and given a blood test. Or in some cases, a task force may arrive and perform the test on scene. Since the process can be confusing, even after drawing blood, you may have questions. So here’s a list of common DWI blood test questions and some facts you may need to know…
DWI Blood Test: Answering Your Questions
Does the officer need a search warrant?
First, you must understand that you do have the right to refuse a blood test. While you have that right, it may come with some very negative effects if you refuse. However, if you still choose to do so, an officer can obtain a search warrant. In the case that he has probable cause (evidence suggesting you were under the influence), he can get a warrant for your blood test and you will be forced to do so no matter what.
How Does An Officer Get A Warrant and How Long Does It Take?
A judge must grant permission for a search warrant. Therefore, an officer must get that permission from a judge before he can proceed. In some cases, he may be able to phone an on-call judge who can give permission right away. Therefore, obtaining a warrant may be as quick as 15 minutes, while some can take nearly 2 hours.
How Long Do Results Take?
For the most part, getting blood test results back can take a while. In some cases, the results may only take thirty days. But in many cases, it will be roughly forty-five days before the results come in. One reason for this may be the amount of DWI’s these labs see a week. Since those numbers are usually high, the labs are obviously quite busy. Therefore, it can take a while to obtain the results.
Where Do the Blood Tests Take Place?
For the most part, these blood test take place at the police station. But in some cases, the officers may have a DWI task force. Since this serves as a makeshift station, they can draw blood there. But, these are less likely than you being taken back to the station.
These procedures are important to understand, especially if you risk driving drunk on occasion.
If you are facing a DWI and have a lot of questions, you may want to speak with your attorney. Your case is important, time sensitive, and you deserve to understand the in’s and out’s of it.