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Chemical Testing in Louisiana

In order for a chemical test to be admissible as evidence, the testing must be performed in accordance with the methods set forth by the Department of Public Safety and Correction and must be performed by an individual possessing a valid permit to perform such a test. In regards to breath testing, typical issues deal with the type and validity of the machine itself, and occasionally an issue arises as to whether the officer was allowed to perform the test. Urine tests, used typically only for suspected intoxication due to drugs, are also administered. However the reliability of the results is often questioned. Blood testing is also used Louisiana, but only a physician, physician assistant, registered nurse, or any other similarly qualified technician may withdraw blood for purposes of determining the BAC or presence of any dangerous substance. A law enforcement officer may withdraw blood, but only if he/she is also medically qualified to withdraw blood. Whether a law enforcement officer is properly qualified to administer the blood test could be an issue that arises, especially if the officer was not properly qualified.


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