Blood
Tests in Drink Driving
& Drug Driving offences
Drink
Driving
When
can a blood sample be taken?
There
are three situations.
After
a motor vehicle accident.
Every person over 15 years of age who
is taken to hospital as a result of a
motor vehicle accident must allow a
doctor to take a sample of that
person's blood for analysis.
At
the request of the Police.
If a breath analysing instrument is
incapable of measuring a drivers
breath alcohol concentration for any
reason whatsoever, the driver can be
required to provide a sample of blood
and for that purpose may be required
to accompany the police to a hospital
or other place where a doctor can take
the blood. There is no charge for the
taking of this blood sample.
At
the request of the Driver.
After a driver has received a
certificate of breath analysis (breath
test result) the driver may request
the police to arrange for a blood
sample to be taken by a doctor or a
nurse. The driver may be required to
pay the cost of having the blood taken
(usually about $60). If the police
have done or said anything which
discouraged or prevented you from
obtaining a blood sample then it would
be wise to get legal advice about
defending the charge. Getting a blood
test result is generally the only way
to show that the breath test result is
unreliable or incorrect.
Blood
Analysis
Blood
is taken by syringe, usually from the
arm, and is extracted into three
vials. Two vials are kept at the
hospital for the police: one for
analysis and one for back-up. One vial
must be given to the driver. The blood
should be kept refrigerated and tested
at the earliest opportunity if the
driver wants to rely on the blood
analysis result. The driver can get
his/her sample analysed at
appropriately qualified pathologists
or chemists. It is important that the
analyst uses gas chromotography and
not any other method of analysis, and
that the analyst records all details
of the sample and the analysis
procedure sufficient for the evidence
of the provenance of the blood sample,
the testing procedure and result to be
used in court if necessary.
The
police sample will be tested and the
result used in court. Some months
after the blood sample was taken the
driver will be visited by the police
who will give the driver a certificate
of blood analysis. The police may also
allege the driver has committed an
offence and may interview the driver
at this time. Before answering police
questions at this time you should get
legal advice and read the section on Your
Rights.
Technicalities
There
are numerous matters the police must
prove in court if the police are to
succeed in prosecuting the driver on a
blood test result. When the police
fail to prove that they have followed
the correct steps, or have failed to
comply with strict time limits, or
signed, dated, filed or served court
papers incorrectly, then it is
possible to demonstrate that the case
has not been proved beyond reasonable
doubt. The chance of winning blood
test cases is generally better than
breath test cases.
Drug
Driving
If a
driver undergoes a drug assessment,
and the police form the opinion that
the driver is affected by a drug, the
police may require the driver to
provide a sample of blood for
analysis.
Following
a positive random preliminary drug
(saliva) test the police can require a
further saliva test. If that test does
not operate properly for any reason
the police can require the driver to
provide a sample of blood (in the same
manner they can when conducting a
breath test).
After
receiving the result of a drug saliva
test, the driver can request a blood
test, much in the same was as a driver
can request a blood test following a
breath test (see the first paragraph
on this page).
Related
Pages:
Breath
Tests
Going
to Court
Drink
Driving Penalties
Drug
Driving
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