An independent test can reveal the presence of errors.
In California and across the country, it is illegal to drive your vehicle while intoxicated. The legal limit for driving in California is .08 percent blood alcohol content (BAC) for most drivers. This limit is lower for drivers who are under the age of 21, on DUI probation or who are driving a commercial vehicle at the time. The police use chemical tests to determine whether or not you are driving under the influence of alcohol. You generally have two options for this chemical test — either a blood test or a breath test.
While blood tests tend to be more accurate than breath tests, they are subject to error. A skilled DUI lawyer in Irvine, CA may be able to successfully challenge the results of your chemical blood test to have your DUI charges reduced or dismiss, or even to reach a not guilty verdict at a DUI trial.
How Blood Samples Can Be False
California has set up a series of rules and regulations governing the collection of blood samples in DUI cases. That is because even a simple error, such using an alcohol-based swab to sterilize a person’s skin before the test, or an insufficient amount of certain chemicals in the sample vial, which can lead to false results.
For example, sodium fluoride and potassium oxalate are two chemicals that are present in the test tube for DUI blood tests. Too little sodium fluoride can cause the blood sample to have a higher result than is accurate; bacteria can also grow more easily in the tube if there is not enough sodium fluoride in it. If there is not enough potassium oxalate, the blood inside of the tube will clot, causing a much higher result than would otherwise occur.
There are many other ways in which a blood sample can be contaminated or produce inaccurate results. This may include a faulty seal on the tube, or an expired test tube. If the sample is not taken in a hospital environment or if the police cannot document proper storage, this could lead to false results. Any of these factors could be used by an experienced DUI lawyer in Irvine, CA to challenge the results of your blood test.
Your Right to an Independent Test
In California, you have the legal right to request that part of your blood sample be preserved so that you can test it on your own. This is known as a blood split motion, where your attorney can ask the court to allow him or her to have your blood independently tested by a private laboratory. These results can then be used as part of your defense if it shows that there was contamination or another reason that your test results may have been inaccurate.
The police are required to inform you of your right to have part of your blood sample preserved for independent testing at the time of the blood draw. If they fail to do so, it may be a basis for your DUI lawyer in Irvine, CA to request a reduction or dismissal of the charges against you.
DUI cases are complicated and require a thorough understanding of both the law and science. That is why it is so important to hire an experienced DUI defense attorney who can examine every aspect of the case to determine whether the law was followed and if the results of any chemical tests are accurate. In Irvine and throughout Southern California, you can rely on the Chambers Law Firm to aggressively defend you against DUI charges. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
