There are two types of blood alcohol tests that are common in Virginia. Which test was given will determine what type of defense to use.
The first test is common if you are in a hospital or emergency room for treatment; for example, after a car accident. It is a “quick & dirty” test of just the plasma or serum part of your blood to give the treating physician a rough estimate of your blood alcohol level.
The second test is an implied consent blood test that is sent to the Department of Forensic Science for analysis. This is method uses whole blood and is much more accurate … if the officer and the lab technician follow the correct steps. That is a big “IF.”
Which blood test was I given?
IF you already know what your blood alcohol level was, you can usually tell whether you were given a hospital blood test or an implied consent blood test. The “quick & dirty” hospital method is designed to be quick; the implied consent analysis can take up to 6 months to get back – especially if the officer requested a drug and alcohol screen.