Emergency Treatment DUI Blood Tests

What Is an Emergency Treatment DUI Blood Test?

I have dealt with emergency DUI. This might happen in a situation where somebody was having their blood drawn for medical purposes, not for forensic blood alcohol analysis. An example would be if there was an accident and someone was transported to the hospital for emergency medical treatment and the hospital itself did a blood draw to determine if there was alcohol in the person’s system. This is not done for legal or forensic purposes or to analyze whether their blood-alcohol level was 0.08 or above; the doctors would be looking for alcohol in the person’s system because they may want to use certain medications and identify certain symptoms in order to properly administer medical care.

Hospitals often conduct something called an immunoassay or screening test for this purpose, but the test is not trustworthy enough to prove beyond a reasonable doubt whether someone was impaired for the purposes of driving; it just reads whether or not there was alcohol in their system. It’s a very quick test, and the result is basically either positive or negative, although it may return a number which might look like a 0.08-type of BAC. Using this method to analyze something for forensic purposes is highly suspect, not trustworthy and should not be used in a legal setting. An emergency blood draw for medical purposes is for medical treatment and is not meant to be used in court.

For more information on Emergency Treatment DUI Blood Tests, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 424-3145 today.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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