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.

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