What Tests Are Used To Determine Sobriety During An OVI Stop?

Law Blog

To be able to charge you with an OVI, it's important for the arresting officer to gather evidence that you were under the influence of alcohol while operating a motor vehicle. The most common method used to determine this is to require that you perform a breathalyzer test. However, the arresting officer might use a different method to determine if you are under the influence of alcohol.

Types of Tests

Three types of tests that are commonly used by police departments are breathalyzer tests, blood tests, and alcohol tests. Regardless of the type of test you take, you might be concerned about what will happen if you fail the test. However, none of these tests are infallible and you should get in contact with an OVI lawyer so you can fight for your rights.

Breathalyzer Tests

The breathalyzer test is convenient since the police officer simply needs to have you breathe into the breathalyzer for the test to be performed. However, the breathalyzer test needs to be calibrated properly for the test to be successful. However, if you are concerned that the breathalyzer test will not be accurate enough or you simply would prefer a different type of test, you may be able to request it.

Blood Tests

A blood test is most often performed in a situation where you are hospitalized and the police are not able to have a breathalyzer performed. However, in some cases, you might want to have the blood test performed at a different location, and you have the right to leave and have the blood test performed there.

Urine Tests

Urine tests are not used as often. It's most likely that you will be asked to perform a urine test if the police officer suspects that you are under a different substance than alcohol. However, you might be allowed to request that you have a urine test performed instead. 

Implied Consent

You also have the option to refuse to perform any of these tests. However, if you reside in a state that has implied consent, you will face an automatic license suspension if you refuse to have a test performed. 

Regardless of what you choose, your next step should be to consult with an OVI lawyer about the next steps you should take when fighting your OVI charge. Your first charge can come with serious criminal penalties, and each subsequent charge can lead to even worse consequences. 


27 September 2022

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