When you have been arrested for drunk driving, you will be asked whether you want to take a blood or breath test. You are legally required to take one of these chemical tests under California law and the results will be used as evidence in your case if you fail. Both tests have their upsides and downsides, and DUI attorneys agree there are a number of things to consider when choosing which test to take. While it’s true that blood tests are more accurate than breath tests, it’s important to know that you can still fight DUI blood test results in California.
Retesting Test Results
If you have taken and failed the DUI blood test in CA, it is important to know that you have many options when it comes to fighting your charges. Because blood tests require a sample be retained after the original test, most attorneys will obtain a small sample of your blood and have it retested in an independent lab.
Fighting DUI Blood Tests
Even if the lab confirms the original results of your DUI blood test in California though, lawyers have other avenues to fight the results. For example, blood must be collected, stored, and tested according to proper procedures. Initially, the prosecution must show the chain of custody following the withdrawal of the blood sample to the point it was released to be tested by the independent lab. While that might not sound important, it is actually critical in ensuring that the sample taken from you was kept track of and properly taken care of, so there is no chance that another person’s blood work was mixed up with yours or that the sample was tainted during the process.
How Was the Test Administered?
Additionally, attorneys can question the way the blood test was given. The person drawing blood must be qualified to do so. While it is critical that your arm be cleaned before the needle is inserted, an alcohol swab should not be used because it can make your results appear artificially high. The test tube used to contain your sample must contain an anti-coagulant and other preservatives or the sample could be ruined in storage. Additionally, the test tube itself must be inverted numerous times so the preservatives are properly mixed.
While some prosecutors will try to convince you that a failed DUI blood test in California proves you were undoubtedly guilty, this is not true and you can fight these charges. To schedule a free initial consultation with top Peter M. Liss, please call (760) 643-4050.
Creative Commons Image courtesy of Thirteen of Clubs
