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Chemical Testing in Idaho

Blood:

Blood for chemical testing may only be drawn by a licensed physician, qualified medical technologist, registered nurse, or phlebotomist. If the blood test is requested by the police then it will be the police who pay the reasonable costs to withdraw the blood sample, perform laboratory analysis, preserve evidentiary test results, and testify in judicial proceedings. The court may order the police to pay the offender back if it was the offender who paid for this testing.

Breath:

All breathalyzers that are used in DUI proceedings must be calibrated or checked for accuracy every 90 days. If it has been longer than 90 days then the breathalyzer results cannot be allowed to be used as evidence in court. This is due to the unreliability of the reading that the breathalyzer gave. This same 90 day standard is used in a urine analysis.

Challenging tests:

If the offender feels that the testing done was not in accordance with the law it will be the offenders job to prove that the officer was not trained in using the equipment, that the equipment was not tested for accuracy recently, or any other misconduct in the DUI arrest. This hearing should be held shortly after the arrest. At this hearing, the hearing officer or judge will decide if the offender has proven that there was an error surrounding his DUI. If not then the case will go forward against the offender.

Additional Testing:

The offender may choose to conduct any additional tests that will reveal the amount of drugs or alcohol in his system. This means that even though the police did not order the test it can still be used in court. This additional testing will be done at the expense of the offender. If the offender decides that the police tests are sufficient and does not want any additional testing done that is fine. Additional tests are not required and lack of additional testing cannot be used against the offender as evidence of guilt or concealment.


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