There are several ways that a skilled DUI attorney can challenge the results of a DUI blood test.
After you are arrested for a DUI in California, you will be required to submit to a chemical test to determine your blood alcohol content (BAC). There are two options for these chemical tests: a blood draw, which requires a warrant, or a breath test, which can be taken without a warrant. Blood tests are thought to be more accurate — and may be harder to challenge in court. But with a skilled Tustin, California DUI lawyer representing you, it is possible to successfully challenge the results of your DUI blood test.
Failure to Follow Protocol
California law has set up strict procedures for taking and analyzing DUI blood samples. This is done to prevent any errors in the process, such as contamination of the blood sample, fermentation that allows the sample to produce its own alcohol in the vial, or even switched blood samples. If these procedures are not followed, then your lawyer may be able to have the blood test results thrown out of court.
The burden is on the defendant in a DUI case to prove that the proper protocol was not followed. The procedure for taking blood requires a technician to follow a long set of rules, including taking the sample in a hospital environment, sterilizing the draw site with something other than alcohol, storing the sample properly, and documenting each person who had access to the sample. An experienced DUI attorney will have in-depth knowledge of these rules, and can assess the facts of your case to determine if the blood sample collection in your case was done improperly.
Independent Testing
Blood testing is a much more invasive form of analysis than breath testing, requiring you to submit to a blood draw and to wait for an analysis of the results. It has a major advantage over breath tests, however: you have the right to have the blood sample preserved so that your Tustin, California DUI lawyer can have that sample independently tested.
Once you have exercised your right to have you blood sample preserved, your DUI defense attorney can ask the court to allow you to have an independent blood test performed. An independent lab can analyze your blood sample to determine if the test results were the result of fermentation, contamination, or any mishandling of the blood sample. If the independent results show a lower BAC than .08% (the legal limit) or that there was any contamination, it can make for a very strong case for an acquittal.
Forced Blood Draw
When you drive in California, you are agreeing to submit to chemical testing if you are arrested for a DUI. However, under a recent United States Supreme Court case, the police need a warrant to draw your blood — even in “implied consent” states like California.
It’s important to know that if you refuse both a blood and breath chemical test, you will face additional penalties under California law, including a driver’s license suspension for a year or more. If the police take a blood sample without your consent, it may provide a basis for challenging the results of the blood tests.
If you have submitted to a chemical blood test after being arrested for a DUI, there may be ways to challenge the rests of this test. A seasoned DUI lawyer in Tustin, California can analyze the specific facts of your case to determine whether the blood test results were accurate and potentially have the results thrown out of court if the proper procedures were not followed or if the sample was contaminated. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn how we can assist you with your DUI case, including challenging the results of a chemical blood test.
