Here we explain the process of a blood test being taken for drink or drug driving. There is typically no charge for these blood tests.
Blood can be taken in just a few situations:
- After a car accident, if you are aged 15 or over
- If the police can’t get an accurate reading of your breath or saliva for some reason
- If the police suspect the driver is under the influence of drugs, after a positive saliva test
- At the request of the driver after a breath or saliva test
Things to remember about blood tests
- If the police in some way discouraged or prevented you from providing a blood sample, get legal advice for your defence – it is your legal right to have a blood test, even with a breath test
- If you believe the breath test is incorrect, you can ask for a blood test
- Police officers do not take a blood test; a nurse or doctor does, who may need to be called to the breath-testing station or you may need to travel to a hospital
About blood tests for drink driving
Blood is taken via syringe from your arm and put into vials, usually three. Two are kept for the police for analysis and a backup, while the other is given to the driver, who can do their own testing if desired.
You should keep this blood in the fridge and test as soon as possible for a reliable result. Gas chromatography is the only method allowed for this test, so check the lab you use, if you opt for this testing.
Winning a drink driving case with a blood test
Using a blood test result in court comes with technicalities the police must prove beyond reasonable doubt. These include time limits, correct steps, signing, dating, filing and serving court papers.
Winning on blood test results can be easier than a breath test, but having a blood test that shows high blood alcohol doesn’t mean you have thwarted your chances. Usually it either helps, or doesn’t matter.