Getting BAC Retested After A DUI Arrest

[mjsjtj7]

Hello, I just got blood results for a DUI. The blood results came in at .082. Is it worth having the blood re-tested and can you ask for a different lab? Does anyone know if it tends to drop when re-tested? Thank you.

[aaron]

Is the test result from a hospital lab, or from a police crime lab? In what state?

[cdwjava]

And, depending on the state, if there was a sufficient sample, you are certainly free to pay for your own test.

Keep in mind that even if a retest comes back at BELOW .08, you can still be charged with DUI in most states. The per se level of .08 is often a seperate offense from DUI/DWI which can be proven by observations and field sobriety testing.

My experience is that the blood tests tend to be lower than breath, and retests come in at +/- .002 ... so, you might get .08 if that experince holds true.

- Carl

[mjsjtj7]

From a hospital and it is in Colorado

[aaron]

Discuss with your lawyer whether the test was performed on the whole blood, or just the blood plasma (which will inflate the BAC).