There are two possibilities; in one scenario, the officer may take you to a hospital, where a phlebotomist on site will draw the bloodafter you give consent. Alternatively, if they don’t take you to the hospital most law enforcement agencies contract with a local phlebotomist agency; essentially a third-party organization that provides those services to the law enforcement agency directly. That phlebotomist will usually come to the police station and draw the blood sample.
Either way, the person drawing your blood should be a licensed phlebotomist.There is no legal requirement that a blood draw be conducted anywhere in particular; it can happen in a hospital, a police station or even at a roadside checkpoint; the only requirement is that it must be done by a licensed phlebotomist in accordance with accepted medical practices.
There shouldn’t be any sort of fee attached to a blood draw, because it’s done after you’re arrested and in police custody, so it should be billed directly to the police, since they requested. If you do receive a bill, it should be forwarded to the DA’s office or law enforcement for them to pay. I have seen that happen, but the person being charged shouldn’t be responsible for those fees.
Can People Get Their Own Blood Draw To Help Defend Their Case?
I’m sure they can, but it won’t make a difference, because it will be difficult to prove that the blood you had drawn should be acceptedbecause there are some requirements for when that blood draw needs to take place. In California, as long as the draw is done within three hours from the time you were driving, that result will be your presumed BAC level at the time of driving. So, if the initial blood draw happens 2-2 1/2 hours after you were stopped, you are likely to be well beyond that point by the time you are released from custodyand your lower alcohol level probably won’t be accepted.
Most people are in custody for around 6-12 hours, so by the time they get out they will have very little alcohol in their system, making that separate sample useless. That said, you can have the sample the police department takesre-tested, to see if there were any fermentation issues present.
How Long Does Alcohol Actually Stay in the System?
How long alcohol stays in the system depends on a number of factors; how much the person drank and how quickly they drank it; a person’s build, and whether they also ate while drinking. Generally speaking, it kind of looks like a standard bell curve;BAC levels go up, then plateau for a little bit and come back down. Some studies have shown that absorption of alcohol into your bodycan take anywhere from 15-30 minutes up to as much as six hours in certain cases, obviously depending on a variety of factors. After that, it just depends on the amount of time it takes for the alcohol to leave your system.
Once your body has fully absorbed the alcohol, your alcohol level plateaus and that plateau generally lasts about 10-20 minutes, after which your body starts eliminating alcohol and comes back down. As long as you’re not introducing more alcohol into your body, BAC level will climb back down, although it can take several hours, possibly as much as another 6-10, to eliminate all of it.
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