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Is There Any Fee Involved In A Blood Draw?

There can be. For some reason, if they have to draw a blood and if the person decides to take the plea agreements or if they go to trial and are convicted, certain cities want reimbursements for the blood vials and the blood kit that was used. It is usually a bit more than $100. In reality, even though prosecutors ask for restitution for the blood kits that were used and will ask upwards of about $120, the worst that I’ve heard is about $400. Restitution has to be substantiated if a defense lawyer challenges this and the only way to challenge it is going to be go to trial.

If convicted and the prosecutor asks for restitution, the defense attorney then has the opportunity to challenge the restitution and require that the states put out evidence showing that they are truly out the money that they are requesting. All the prosecutor can really prove it is that the blood kit cost maybe a couple of bucks, not the hundreds that they are requesting. The problem is that when they are included in plea agreements, prosecutors won’t remove them, so if you’re going to enter into a plea agreement, you basically have to accept the requested amount from the prosecutor’s restitution.

What Happens If The Blood Draw Results Do Not Show Any Traces of Alcohol or Drugs?

Unfortunately, it does happen quite a bit where they will suspect someone of driving under the influence, they will ask for a blood, breath, or urine, the person refuses, officers get a warrant, they will take the blood by force if necessary, serve the person with a one-year license suspension, and then when the blood test results come back, they don’t show a high level of alcohol or they don’t show any presence of drugs or medications.

In some cases, the case never just gets filed against the person because the blood test result didn’t come back with much of anything that the prosecution can use; however, the person still has to deal with that one-year license suspension because they refused the requested test when the officer believed that they had probable cause. It is possible to challenge that in the hearing.

In almost every case, it is going to be a huge benefit to the client to try to challenge the implied consent one-year license suspension for refusing, which is why it’s so important to get in touch with an attorney as soon as possible after an arrest because there is a limited amount of time before a person can no longer request that hearing.

A person has 15 days to request a hearing after the date that the license suspension is served upon them. An attorney is really in the best position to request that hearing. While a person can request a hearing themselves, there are so many ways of doing it wrong and it really does need to be handled correctly.

On one hand, the person doesn’t have to deal with charges; on the other hand, the person may have to deal with the license suspension for refusing, even though the officer was not truly seeing signs and symptoms that alleged probable cause to arrest the person because the person didn’t truly have drugs, medications or a high level of alcohol in their system.

For the officer’s mistake, you’re the one paying for it even though you are in the right, you knew you weren’t drunk or you knew you weren’t impaired by drugs or medications so you refused the blood test and also you were vindicated when the blood test results come back and there is really nothing in your system; however, you’re also the one paying the consequences with the one-year license suspension because you refused the officer’s misinterpretation of what he was observing.

Is the Prosecution Looking for the Slightest Level of Alcohol in a Blood Draw Test?

It gets a little complicated when we’re talking about the first count of DUI that everyone gets charged with. The prosecutor will allege that the person was impaired to the slightest degree by the consumption of alcohol.

In every state in the United States the system will tell you that it is not illegal to drink alcohol and then drive; it’s only if that alcohol impairs a person to the slightest degree. But then the prosecutor will go and blame everything that the person does on that alcohol. If the person hiccups, it’s because they were impaired to the slightest degree; if they did a rolling stop or failed to use a turn signal, it is because they were impaired to the slightest degree by alcohol.

It’s somewhat of a misnomer in that it is legal to drink alcohol. You can go out and have a glass of wine with a meal and you can drive after consuming that alcohol as long as you are not impaired to the slightest degree, but the prosecution will always claim that the person was impaired to the slightest degree by that alcohol.  In Arizona, the presumption that would be given to the jury is that anyone above a 0.08 is presumed to be impaired and under the influence of alcohol.

For more information on Fees Charged for Blood Draws, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 480-900-0384 today.

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

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  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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