What is the Difference Between a Blood Test and Breath Test OWI?
If you are pulled over because a law enforcement officer believes you are operating a vehicle while intoxicated (OWI) in Indiana — essentially drunk driving or drugged driving — you may be required to take a certified test to determine if, and what, you may be intoxicated by. Indiana has an implied consent law that requires a driver to submit to a certified chemical test when the law enforcement officer has probable cause. If a person refuses to submit, they can face penalties for a violation of Indiana’s implied consent law under IC 9-30-6-1. Given that a certified chemical test can take the form of a breath test or a blood test, what do you need to know about the differences? Our Indianapolis OWI and DUI defense lawyer can explain in more detail.
Understanding Implied Consent
Under IC 9-30-6-1, as a motorist on the road, if a law enforcement officer has probable cause to believe you are in violation of Indiana’s OWI law, then the law enforcement officer can require you to submit to a test to measure your level of intoxication. You can refuse to consent, but you will then face immediate legal consequences, including the automatic suspension of your driver’s license for at least one year.
When a person submits to a chemical test, which can be administered as a breath test or a blood test, they do not usually get to choose between a breath and a blood test. Instead, that is a decision that will be made by the law enforcement official.
How Do the Different Types of Tests Work?
With a breath test, the motorist will typically be asked to breathe into a breathalyzer test that has been certified for use in Indiana, and the test will be administered by a law enforcement official trained in this type of test administration. Law enforcement officials are not the ones who will draw your blood for a blood test, however. A blood draw must be done by a person who is qualified to draw blood, such as a nurse, a phlebotomist, or an emergency medical technician or paramedic in the field.
Defending Against Results in a Breath Versus Blood Test
Depending on whether you are facing charges due to breath or blood test results, there will be different ways of challenging each of these types of tests. You should discuss all of the specifics with an OWI defense attorney in Indianapolis, but in general, blood tests may be challenged on grounds of chain of custody issues or improper blood draw methods, whereas breath tests may be challenged on the grounds of a defective breathalyzer machine or improper administration of the test. Both types of test results may be challenged on constitutional grounds or on tainted sample ground.
Contact Our Indianapolis Blood Test and Breath Test OWI Defense Attorneys Today for Assistance
If you are facing OWI charges after having a blood alcohol concentration over the legal limit in a blood or breath test, it is essential to seek legal help with your defense options. Even a first-time OWI conviction can result in serious consequences, and subsequent convictions are treated even more seriously. One of the experienced Indianapolis OWI defense lawyers at Rigney Law LLC can discuss the specific details of your case with you today and help you to determine the best defense strategy to apply against the charges you are facing. Contact our firm to learn more about the criminal defense services we provide to clients in the Indianapolis area.
Source:
statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf