Many people do not know that after a person takes any test required or requested by law enforcement, they have the right as well to get their own independent test to verify, confirm, or get a second opinion as to what the results are. Independent blood and urine testing is not only a right, it is sometimes a necessity. When an individual asks for an independent test it shows that while they might agree to submit to government testing, they want independent testing as well, in order to get a second opinion and ensure that they receive a fair trial, using trustworthy evidence. It is also important to get your test done by someone experienced in administering independent tests in West Palm Beach DUI cases. If you want to pursue an independent blood test, consult an experienced DUI lawyer that can advocate for you.
Choosing Who Administers and Records These Tests
The person responsible for administering independent tests in West Palm Beach DUI cases would be a healthcare professional of the person’s choosing. The law in Florida is that if a person does request an independent blood or urine test after they have been arrested for DUI and they have supplied the government with any test that they are requesting, they have the right to an independent test and for law enforcement to provide them with reasonable assistance to obtain it.
Role of Reasonable Assistance in Independent Testing
Law enforcement must provide reasonable assistance to the defendant in order for them to receive independent testing. Reasonable assistance can be simply giving a phonebook or a directory to the individual, or helping find a lab that is open, or it can even mean taking the person to a hospital if they have insurance to get their blood drawn. However, the individual is on their own after that and must make the arrangements and pay for the testing themselves.
While it might be difficult to do while in jail, it is possible to choose the place and get the testing done. If a person has insurance and they have the funds to do that, it is highly recommended that the person get an independent blood test or urine test if the person has given one to the sheriff already.
The person will not have another chance to do that. Whatever is in the blood or urine would dissipate over time. If a person wants a second test to confirm, deny, or contradict whatever the government has taken from them, then they should pursue independent testing.
Healthcare Professionals
Administering independent tests in West Palm Beach DUI Cases should be done by a local healthcare professional in a doctor’s office, in a lab, or in a hospital. The phlebotomist (the person who draws blood) draws the blood from the person, takes it to a toxicology lab, and then the toxicologist reviews the results and writes a report.
All of those reports and records will be kept by the healthcare institution that the person is using, whether it is a doctor’s office, a lab, or a hospital, and belong to that person. The individual can get them or they can subpoena them. The defense could then bring in an expert witness to have someone testify on their behalf, about the results. If an individual is interested in independent blood and urine testing and thinks it could help their case, they should consult a qualified DUI attorney that could help them navigate the independent testing process.
