DUI Attorney Honolulu explains Chemical Testing
After you have been arrested for DUI in Hawaii, you will be asked to take one of three chemical tests to determine your blood alcohol content. You will be given your choice of three possible chemical tests used in Hawaii: breath, blood, and urine. However the police may require a test other than the one you request and that usually depends on the factors surrounding your case. IF the police suspect intoxication by drugs a blood or urine test will be used. If you submit to a breath test and your result comes back below the legal limit but the police suspect intoxication by drugs you will also be requested to give a blood sample.
There are two types of breath test their use for DUI in Hawaii.
A preliminary breath test is given with the police have pulled you over prior to your arrest. The results of the preliminary breath test are not admissible in court. They are only used to help the officer in deciding whether or not there is enough probable cause to arrest you.
Evidentiary breath tests are given after the arrest once you have arrived at the police station. Hawaii uses a breath testing machine called the Intoxilizer 5000. The breath test must be administered by someone who is licensed as a breath alcohol testing supervisor or operator. Before taking the test you will be observed for 20 min. to make sure you do not put anything in your mouth or swallow anything that might impact the results of the test. You will be asked to blow into the machine two or three times in order for an accurate and complete sample to be taken. Evidentiary breath tests are admissible in court.
Only a doctor, a registered nurse, a qualified phlebotomist or a person licensed in a clinical laboratory occupation may draw blood for the purpose of measuring the blood alcohol concentration or drug content after a DUI arrest.
A blood test is mandatory and cannot be refused if there was a vehicle accident or fatality involved in the DUI arrest.
Urine testing is usually requested in cases that the police believe intoxication by drugs is involved.
Independent Chemical Tests
People arrested for DUI have the right to an independent chemical test and may choose any doctor registered nurse or person licensed in a clinical laboratory to withdraw blood or administer any chemical tests. The independent chemical tests are done at the sole expense of the person requesting the tests.
If you choose to refuse chemical testing you will be informed of the specific penalties for refusing chemical testing and given the option to submit to it. Please consult a DUI Attorney Honolulu if you are considering refusing chemical testing. If you decide ultimately to refuse chemical testing you will be subject to the following license revocation penalties:
First Offense Refusal- one year license revocation
Second Offense Refusal-two year license revocation
Third Offense Refusal – four year license revocation
Fourth Or Subsequent Offense Refusal – lifetime license revocation
Our expert DUI attorney is experienced in chemical testing and how it may impact your case.