Right to Demand a Blood Test for DUI
You had one drink at dinner two hours ago. The officer holds up a roadside breathalyzer and says the reading is above the limit.
If accused of drunk driving, you can insist on a formal blood test at a government hospital rather than accepting a roadside breathalyzer reading alone. The blood sample is the legally admissible evidence in court.
A breathalyzer reading is an indicator — not conclusive evidence. The blood test at a government hospital is the standard admissible in court.
"I request a formal blood test at a government hospital as provided under MVA s.185(3). I do not accept the breathalyzer reading as conclusive."
📋 Legal Basis
Legal information, not legal advice. This explains what the law says — not what to do in your specific situation. For serious matters, consult a qualified lawyer.