Under current DUI law, the introduction of the results of a blood alcohol test cannot be admitted into evidence without the defendant’s consent if blood was taken from the defendant while he or she was incapable of refusing the test (e.g., the defendant was unconscious).
The new law adds an exception to the blood alcohol test consent requirement. Enacted into law in May of 2009, the new law requires a law enforcement officer to cause the driver of a vehicle involved in an accident resulting in injury or death to another to be tested to determine the alcohol or drug content of the driver's blood, but only if the officer had probable cause to believe that the defendant driver had committed one of the following offenses:
- Driving under the influence of drugs or alcohol;
- Vehicular assault and aggravated vehicular assault; or
- Vehicular homicide.
The new law also explicitly states that the results of the test will be admissible as evidence in any court or administrative hearing relating to the accident or the offense. Consequently, results from a blood alcohol test can be admitted into evidence even if the defendant was unconscious or otherwise incapable of giving consent at the time the blood alcohol test was administered.
Blood Alcohol
A blood alcohol test measures the amount of alcohol (ethanol) in your body. Alcohol is quickly absorbed into the blood and can be measured within minutes of having an alcoholic drink. The amount of alcohol in the blood reaches its highest level about an hour after drinking. But food in the stomach may increase the amount of time it takes for the blood alcohol to reach its highest level. About 90% of alcohol is broken down in the liver. The rest of it is passed out of the body in urine and your exhaled breath.
Alcohol has a noticeable effect on the body, even when consumed in small amounts. In large amounts, alcohol acts as a sedative and depresses the central nervous system.
A blood alcohol test is often used to find out whether you are legally drunk or intoxicated. If this test is being done for legal reasons, a consent form may be required, but refusing to take the test may have legal consequences.
Why It Is Done
A test for blood alcohol level is done to:
- Check the amount of alcohol in the blood when a person is suspected of being legally drunk (intoxicated). Symptoms of alcohol intoxication include confusion, lack of coordination, unsteadiness that makes it hard to stand or walk, or erratic or unsafe driving.
- Find the cause of altered mental status, such as unclear thinking, confusion, or coma.
- Check to see whether alcohol is present in the blood at times when the consumption of alcohol is prohibited-for example, in underage people suspected of drinking or in people enrolled in an alcohol treatment program.
How To Prepare
No special preparation is needed before having a blood alcohol test.
Many medicines may change the results of this test. Be sure to tell your doctor about all the nonprescription and prescription medicines you take.
How It Is Done
The health professional drawing blood will:
- Wrap an elastic band around your upper arm to stop the flow of blood. This makes the veins below the band larger so it is easier to put a needle into the vein.
- Clean the needle site with a non-alcohol solution such as povidone-iodine or antiseptic soap.
- Put the needle into the vein. More than one needle stick may be needed.
- Attach a tube to the needle to fill it with blood.
- Remove the band from your arm when enough blood is collected.
- Put a gauze pad or cotton ball over the needle site as the needle is removed.
- Put pressure on the site and then put on a bandage.
How It Feels
The blood sample is taken from a vein in your arm. An elastic band is wrapped around your upper arm. It may feel tight. You may feel nothing at all from the needle, or you may feel a quick sting or pinch.
reference: webmd.com
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