Drug and Alcohol Tests
In order to proceed with drunk driving convictions for prosecutors, most state legislatures make it implied consent statues for every driver to take chemical drug and alcohol tests. Motorists are now forced to choose between statutory compliance with implied consent or constitutional defiance of his or her rights when it comes to consenting to the test.
There are three major test types such as blood test, breathalyzer test and urine test. Ever since its introduction, there have been numerous cases where the actual results were distorted and many flaws were found on either the device or during the process. As most police officers require a breathalyzer test, many states gave the defendants the right to choose an independent test process offered by a qualified person or facilities.
Denial of independent testing
If motorists want to choose independent drug and alcohol test, they can select qualified medical professionals or facilities to manage and administer the BAC level analysis which is not sponsored by the government branches. In most states, motorists are given the right to demand this kind of independent blood test but they can do this only after they completed the same chemical drug and alcohol test that was offered by the officer in the 1st place. Therefore this independent test is considered as an alternate test.
In case the police officer failed to comply with the statutory right that was supposed to be followed, then the original chemical drug and alcohol test result could be held inadmissible in court.
Check out DUI Checkpoints and its own regulations