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Securing a blood test after an accident: crucial yet challenging

On Behalf of | Sep 28, 2015 | Drunk Driving Accidents |

Every person should know that driving under the influence of alcohol is not only wrong, it is dangerous. Drunk drivers can be reckless, unpredictable and unsafe behind the wheel which can create a perfect storm for other drivers who are sharing the road. Too often, people are seriously hurt or killed by a drunk driver.

In many cases, these drivers can and will face criminal penalties for their behavior. However, they can also face civil penalties should victims of an accident choose to pursue legal action seeking compensation. In either type of case, however, it can be crucial to collect appropriate evidence to build a claim supporting the argument that another driver was drunk; this includes a blood test.

Chemical tests of any kind can be vital in establishing whether a driver is under the influence of drugs or alcohol. But there are strict laws in place that dictate how, when and if these tests are to be conducted.

For example, in Georgia, implied consent laws state that if you are arrested and police believe that you are impaired, you must submit to blood, urine or breath testing. However, drivers can and do refuse this, which comes with penalties, but then police must go through the process of securing a warrant.

These tests can provide critical evidence that can support a civil or criminal legal claim, but they can be very complicated. To begin with, there may be failures when it comes to conducting the tests which can mean the results could be inadmissible. Other challenges like hospital testing policies and warrant problems can delay testing which typically works in favor of the alleged impaired driver.

Considering the importance of these tests as well as the obstacles that can come with securing them, it can be crucial for victims of a drunk driving accident to have the guidance of an attorney. A legal representative can help victims and their families defend against challenges of test results and seek other evidence to support claims that a drunk driver caused or contributed to a crash that caused their injuries.


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