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Am I Entitled To A Second Blood Test If Arrested For DUI?

Yes. If you are arrested for DUI in Kentucky you will generally be asked to submit to a drug and/or alcohol test. This may be by a breath, urine or blood sample. Kentucky law provides a presumption that you will submit to the test chosen by the officer. If a defendant has submitted to the test chosen by the officer, the officer must make reasonable accommodations to provide a second test if requested by the defendant driver. Pursuant to KRS 189A.103(7), police officers must make reasonable efforts to accommodate a defendant's request for an independent blood alcohol test performed by a person of his or her own choosing following the defendant's submission to all testing requested by police. The Courts in Commonwealth v. Long 118 S.W.3rd 178 (Ky. App. 2003) set forth five factors which the court should consider to determine if the officer made "reasonable" efforts. In making that determination, the trial court must decide if, under the totality of the circumstances, the officer made a reasonable effort to accommodate the accused who seeks an independent test.   Factors to be considered include, but are not limited to, the following:  (1) availability of or access to funds or resources to pay for the requested test;  (2) a protracted delay in the giving of the test if the officer complies with the accused's requests;  (3) availability of police time and other resources;  (4) location of requested facilities, e.g., the hospital to which the accused wants to be taken is nearby but in a different jurisdiction;  (5) opportunity and ability of accused to make arrangements personally for the testing. In Northern Kentucky, the police will generally arrange for transportation to the local hospital, St. Elizabeth. The defendant must have the ability to pay for the test. It is generally wise for an individual who has tested over the legal limit to request the second test. If you have been charged with a DUI in Northern Kentucky and wish to consult with an attorney, contact Michael W. Bouldin at mwbouldin@fuse.net or 859-581-MIKE (6453).

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