Right to Independent Test

by joesuhre on January 6, 2012

When a person is charged with DUI in Kentucky and submits to a blood, breath, or urine test at the request of the police; they also have the right to a separate independent test.  This separate test is available after the person has submitted to all the tests requested by the officer.   The additional test is typically a blood test at a local hospital.  The officer has to provide reasonable assistance to the person to obtain the test.  This can include allowing a person to call to obtain money for the test, transporting the person to a hospital for the test, etc.  The inability to obtain a test does not preclude that admission of test the police administered but the police’s refusal to provide reasonable assistance can – it’s a violation of the person’s Due Process rights.

Each Kentucky DUI case will have its own unique circumstances, so it is important to have an experienced Kentucky DUI lawyer review the case.

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