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Blood
tests in Drink Driving & Drug
Driving
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 bood 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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