Improper collection of blood tests in California DUI cases can be a defense against the charges.
After you are arrested on suspicion of driving under the influence of alcohol in California, you will typically be required to submit to one of two types of chemical tests (blood or breath). These tests are designed to prove that your blood alcohol content (BAC) was above the legal limit for driving in California, which is .08 percent for most adults (over age 21, and not on DUI probation or driving a commercial vehicle).
The police must follow certain procedures in taking these blood samples to ensure that they are not contaminated or otherwise tainted. If they fail to follow these procedures, your DUI lawyer in Irvine, CA can make an argument that they are inaccurate and should not be used as evidence against you.
Rules for Collection of Blood Samples
As an initial matter, it is important to know that the United States Supreme Court has held that in DUI cases, the police cannot force you to submit to a blood test without a warrant. This means that if you request a blood test, the police must obtain a warrant unless you consent to the procedure. While California courts have not yet issued a ruling based on this decision, your DUI lawyer in Irvine, CA may be able to use this holding to challenge the legality of a blood draw without consent or a warrant.
Once you have agreed to a blood test or the police have obtained a warrant, certain procedures must be followed to ensure that the test results are accurate. These protocols include:
- The blood must be drawn by a trained technician in a hospital environment, using accepted medical practices;
- Adequate levels of preservatives and anti-coagulants must be present in the vial to prevent clotting or contamination;
- The blood sample must be properly stored;
- The draw site must be sterilized with a product that does not contain alcohol;
- Only approved, calibrated instruments can be used to measure BAC; and
- Everyone who has access to the sample must be accounted for to ensure that chain of custody is properly recorded.
If any of these procedures are violated, then you may be able to challenge the results of the test. The burden will be on you to prove that the police did not follow the proper procedure.
You also have the right to have your blood sample preserved. This will allow you to have the sample tested at an independent lab, which can be an important part of a defense that your blood test results were a false positive. The police must inform you of this right at the time that your blood is drawn.
How Mistakes Impact Your BAC Results
The rules for collecting blood samples in DUI cases are designed to make sure that your blood test results are accurate. Mistakes in the collection of samples or a failure to follow procedures can result in unreliable results. This could include the blood being contaminated after it is collected, the blood sample fermenting inside of the vial (producing its own alcohol) or blood samples being switched. If any of these things happen, it may provide a basis for challenging the results of your chemical blood test.
If you have been arrested for a DUI in Tustin, CA or the surrounding areas, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Our attorneys will fight for your legal rights, and will challenge the results of improperly performed blood tests.
