Most people don’t enjoy blood tests, but taking one after a DUI stop can be especially stressful. You not only had to go to a strange hospital, but likely spent the night in jail. Now, you’ve been through the arrest, testing, and arraignment process, but your DUI journey isn’t over. It feels like you’ve been waiting around forever for your blood test results. You’re thinking, what’s going on? How do I get my DUI blood test results? We have your answers right here.
Why Was I Given a Blood Test?
Most of the time, law enforcement officers will administer a breathalyzer if they suspect you’re driving under the influence. Breathalyzers are easier and the results are immediate, so a positive result gives them probable cause to officially arrest you. But there are some situations when law enforcement will give you a blood test instead, like:
- A breathalyzer isn’t available or isn’t working
- You have an injury, like a bloody lip, that could influence the breathalyzer results
- The officer suspects you’re under the influence of drugs instead of alcohol
Breathalyzers only measure alcohol, so if the officer suspects DUI-Drugs, a blood test is the only way to prove you’re intoxicated. It’s important to remember that with drugs, there is no difference between a DUI and DWI. Any amount of a controlled substance in your system is illegal if you’re operating a motor vehicle, and you’ll be charged with DUI no matter the amount.
In Oklahoma, marijuana, many prescription drugs, and even some common over-the-counter drugs are considered controlled substances. That’s in addition to the usual suspects like cocaine or crack, heroin, methamphetamine, PCP, and so on.
What Happens Now?
We’ve covered some common questions about DUI blood tests, like whether an officer can draw your blood if you’re unconscious (they can’t), or whether they can get a search warrant for a blood draw (they can, but it’s rare). But if you’re wondering “How do I get my DUI blood test results?,” you’ve already been there, done that. You need to know what happens now. Here’s the step-by-step process for blood samples in Oklahoma:
- Only approved medical personnel can take blood samples. The arresting officer will likely have to bring you to the hospital.
- Once drawn, the officer “takes custody” of the blood samples, which means they’re officially responsible for them.
- The officer sends the blood samples to the lab for analysis.
- The lab sends the results of their analysis back to the arresting officer and the Oklahoma State Bureau of Investigation (OSBI). They’ll also send a copy to the Department of Public Safety (DPS), which oversees the license suspension part of your case.
It’s important to know that you have the right to get your own independent analysis of your blood sample. To do that, you’ll need to contact the state lab where the officer sent your blood sample and provide them with the name and address of the independent lab where you want it tested. They’ll send it over, and the independent lab will notify your attorney of the results.
You may have noticed that the state lab isn’t required to notify you of the results. That’s what leaves people wondering how to get DUI blood test results.
How Long Does It Take to Get DUI Blood Test Results in Oklahoma?
Blood tests can take anywhere from one to three months to complete in Oklahoma, and sometimes even longer. That’s because there are only four laboratories approved by the Oklahoma Board of Tests to process blood samples for police departments. They can easily get backed up or misplace a sample, leading to delays. This is one of the main roadblocks that could delay charges in a DUI case.
For your independent test, you’ll need to use a lab accredited in toxicology by the American Society of Crime Laboratory Directors or the American Board of Forensic Toxicology. That gives you more options, but it could still take a couple of months. An experienced DUI attorney can help you get them as quickly as possible.
How Do I Get My DUI Blood Test Results?
Your DUI blood test is very important evidence in your case – you may not even be charged until the state has the results. In that case, your attorney will find them during the discovery phase of your case. (This is when the prosecution is required to give your attorney all the evidence they have against you.)
You can also file a request for the blood test results with the OSBI. Officially known as the “Request for Toxicology Criminalistics Examination Report,” you can fill out the form here, print it out, and mail it to:
Oklahoma State Bureau of Investigation
Attn: Toxicology Unit
800 E. 2nd Street
Edmond, OK 73034
You can also fax it to 405-330-6974 or email it to toxicology@osbi.ok.gov. If you have an attorney, they’ll take care of this for you so you don’t have to worry about it.
What If My DUI Blood Test Results Are Positive?
If you get your DUI blood test results and they’re not what you’re hoping for, it isn’t the end of the world. There are very strict requirements for blood tests, which are overseen by the Oklahoma Board of Tests. If the arresting officer, laboratory, or anyone else involved didn’t follow all of the rules, you may be able to challenge the results. Some examples are:
- The blood wasn’t properly drawn, leading to contamination.
- The blood wasn’t well-mixed in the vials after being drawn.
- The officer didn’t refrigerate the blood if they weren’t able to deliver it to the lab within 24 hours.
- The blood wasn’t properly tested using gas chromatography, an expensive and time-consuming scientific process.
- The machine used to test the sample wasn’t well-maintained or wasn’t working properly.
- The analysis wasn’t done by the proper licensed personnel.
- There’s a gap in the chain of custody when the sample could have been contaminated.
Your attorney will investigate all possible ways to suppress or exclude your blood test results and file the appropriate motions if procedure wasn’t followed.
The Bottom Line
Getting a DUI is stressful enough without having to worry about test results. Don’t get stuck wondering “How do I get my DUI blood test results?” An experienced attorney can not only help you get your results, but also fight them in court. Contact the Tulsa DUI Guy to talk about your options and move your case forward.