A Strong Defense Is Based On Knowledge And Experience

Can I ask for my own chemical test after a DUI arrest?

On Behalf of | Jun 6, 2022 | DUI |

People who are arrested for driving under the influence in Oregon might have vague ideas about their rights. Often, these are based on what they have read or seen on television and in films. The laws themselves, however, are somewhat more complex than the “right to remain silent” and other aspects of a legal case.

After being pulled over and investigated for DUI – whether it is for alcohol or drugs – the person should be aware of their right to their own test. This could be important when crafting a defense and might help with seeking a positive outcome.

The arrested person can request a chemical test on their own

The chemical test is a crucial part of a DUI investigation. With DUI, there is implied consent meaning that people who are subject to a law enforcement request to submit to testing are required to do so. The test results will play a major role in the case itself. With that, the person should understand the law about asking for a chemical test by a professional of their choosing.

This test will be done in addition to the implied consent blood or breath test or the chemical test with consent. This test will be conducted by a licensed physician or surgeon, a nurse, a professional technician or anyone else who is qualified to give it. It will measure blood or breath to determine the amount of alcohol in their system.

The blood alcohol concentration (BAC) is a vital piece of evidence for a DUI case and if it can be called into question with a separate test, this can be an effective avenue of defense. Their blood and urine can be tested to analyze if the driver had cannabis in their system or other controlled substances or inhalants.

There are many strategies to fight DUI charges

When a person is arrested for DUI whether it is due to alcohol or drugs, they might never have been in trouble with the law and are unsure of what will happen to them criminally, financially, personally and professionally. A conviction can have severe ramifications including lost driving privileges, jail time, fines and long-term issues. Having experienced help can be essential.