This motion allows you to have your blood independently tested in a DUI case
In California, you have certain rights in driving under the influence (DUI) cases. For example, if you are pulled over on suspicion of driving under the influence, you do not have to submit to a preliminary alcohol screening (PAS, also known as a roadside breathalyzer test) — unless you are under the age of 21 or currently on DUI probation. However, if you are arrested on suspicion of DUI, then you are required to take a chemical breath or blood test. Occasionally, a driver may request to take a urine test. If you refuse, you will face additional consequences, including a one year driver’s license suspension.
According to an experienced DUI lawyer in Anaheim, CA, there are some advantages to asking for a chemical blood test. Although it is definitely more invasive and painful than a breath test, which simply requires you to blow into a machine, it allows for independent testing of your blood sample. Unlike blood, breath samples cannot be saved to be tested later.
When the police take a blood sample from you, then split it into two vials. This is known as a blood split. One of the vials will be used to test your blood alcohol concentration (BAC). The other vial is saved in the event that you want to have your blood tested by an independent lab in the future.
Blood tests can be chosen by drivers who are arrested on suspicion of DUI. However, they are required if a police officer has a reasonable suspicion that a driver is driving under the influence of drugs, if a breath testing machine isn’t available, or if the driver cannot perform a breath test. A driver cannot be forced to take a breath test against their will, unless the police obtain a warrant.
If you have taken a blood test, then your DUI lawyer in Anaheim, CA can file what is known as a blood split motion. This is a legal document that requests your blood split for independent testing. Because chemical tests results performed by the state are presumed to be accurate, it is up to the defendant to prove that they are inaccurate. A blood split test can do just that.
The results of independent testing can demonstrate that a driver had less alcohol in their system than claimed by the police — particularly important if the state’s results show that the driver’s BAC was above the legal limit of .08 for most drivers. If a driver is charged with driving under the influence of drugs, independent testing can show that there was a minimal amount of drugs in a person’s system, or can otherwise be used to discredit the prosecutor’s case. Finally, a DUI lawyer in Anaheim, CA can challenge the legality of a blood test using a blood split motion. Law enforcement is required to follow certain regulations when taking chemical blood samples. If they fail to do so, the results of the test must be suppressed. A blood split motion can expose those types of violations.
The Chambers Law Firm is experienced at handling a range of DUI cases, including DUI of drugs. We aggressively defend each of our clients to help them obtain the best possible result. Contact us at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation with a DUI lawyer in Anaheim, CA.
