Utah DUI Blood Test
When a Utah law enforcement agent suspects an individual of driving under the influence (DUI), he or she may ask the driver to take a blood, breath, or urine test to determine his or her blood alcohol content (BAC). Of the three, the blood test is the most accurate because it measures the alcohol directly from the blood sample; however, it is not as convenient as the breathalyzer.
Administering the Blood Test
When the test is conducted correctly, it is more accurate than a breath test; however, tainted samples or improperly administered blood tests could cause unreliable results that can be challenged in court.
To administer the blood test, blood will be drawn and stored in a vial or container with the proper amount of anti-coagulants and preservatives to protect the integrity of the sample and avoid clotting. Next, the blood will be transported to a lab, where it will be analyzed by a gas chromatography machine to determine your BAC level.
Implied Consent and the Blood Test
Under Utah's Implied Consent law, all licensed drivers on public roadways have implied that they give their consent to take a blood or breath test when suspected of drunk driving. By refusing this test, you could incur a longer license suspension than if you had taken the blood test and the police found that your BAC was over the legal limit. In addition, you may be ineligible for a restricted permit that would allow you to drive to approved locations, such as work.
Challenging Your BAC
Due to the potential for error, those involved in the chain of custody for the DUI blood test are required to follow stringent guidelines. However, if your DUI defense attorney finds any issues with your blood sample, the manner in which it was stored, or how it was transported, there is a chance that your BAC reading could be challenged.