DUI Blood Testing: Contamination & Error
Most people on occasion have reason to celebrate and may take a drink, but if you do in the State of California and drive, you have automatically given the state permission to test you for blood alcohol levels (BAC). If taken to jail due to intoxication, breath or blood will be tested.
Blood testing by professionals is considered more reliable than alternative breath testing. Administering a breath test leaves no evidence for a trial but a blood test leaves material to aid in a conviction. This material is used against you in court but it can also work to your advantage. You as the accused can have the sample tested by a private agency and analyzed.
Keep in mind any material can be damaged when handled, if it is improperly stored. These mistakes can result in wrongful convictions. Sadly, this occurs with regularity. The procedure is unreliable and creates difficulties for people undeserving of the charge.
Possible mistakes occurring with blood handling:
Mishandling after storage
Mixed blood samples
Blood fermentation creating alcohol inside tube
The state of California has put in place stop gaps that prevent the danger of DUI blood sample damage, if procedures are unacceptably carried out properly, throughout the process, contamination can occur. Due to these procedural requirements, the process is open for review.
Our legal firm has connections to former police officers and DUI prosecutors versed in DUI procedures and are skilled in locating problems with the DUI testing system. Once our staff locates a problem with any contaminated evidence we are able to have charges reduces or completely dismissed for our clients.
In order to aid clients we have assembled a few important points concerning the DUI blood testing process:
Get blood independently tested
Forced Blood testing in California
DUI blood testing procedures
Information on DUI breath testing and Violations of procedures concerning California’s Title 17 DUI rule are available for study. This involves directions on the chemical testing process. The breathe test is considered more reliable than the blood test but they both have a level of instability. This probability of contamination grows with time and improper handling. We offer info on DUI refusal and DUI defense. A portion of the material must be retained for up to one year so the defendant can have the material tested.
1. California has designated DUI blood testing rules legally in place. Strict requirements are imposed to assure correct results. These rules are stated in Title 17 of the California Code of Regulations.
This is a synopsis of the process:
* Blood must be taken in a medical environment using medical procedures
* Sterilized materials must not include the use of alcohol. Great care is used in preventing the inducement of alcohol formation into the blood sample of an arrested person.
* Proper storage is required
* Installing enough anticoagulants along with preservatives to assure blood will not be contaminated nor will the sample experience clotting
* Approved medical instruments can be used to measure BAC
* People with access to blood material must be recorded and unchanged.
If these rules are broken DUI blood testing: Contamination and error holds the possibility of compromise.
The law automatically accepts that blood was taken under the controlled circumstances the law has set. Therefore, it is up to the defendant to prove the state was in error. This ruling is according to Title 17 regulations. Any slight irregularity in the process is the burden of the accused. Attorney’s familiar with DUI Blood Testing: Contamination & Error can guard your interest in these cases.
In the event of a faulty process, an attorney might:
Get the contaminated evidence thrown out of court or fight vigorously for your acquittal in a court of law
If you are arrested and refuse a Blood Alcohol Test, you can be forced into taking a test.
2. California law provides for forced DUI Blood Testing in Driving under the Influence cases.
Using the highways in California places you in the position of consent for BAC if you are placed under arrest for driving while intoxicated. This falls under California’s ruling of “implied consent.”
You can refuse the blood test after you are placed in custody. This information will be noted by the arresting officer.
However, if you are unfortunate enough to find yourself in an accident, you can be legally forced into taking the test. Even if that means being held down by a number of armed guards. You will be taken to a medical facility and held down, if you resist and a lab technician will take blood. If you are not conscious, blood samples can be taken. In a refusal, a warrant is issued to force you into the test.
A refusal is your right but it places you in the position of having your license suspended for a period of time from one year or more and the DUI charges can be increased. In a case this severe you need the help of an attorney to work extra hard of protect your interest. Every aspect of the blood sample procedure requires investigation.
Spoken by Michael Scafiddi, a noted defense lawyer, "It's very likely that a rushed or otherwise unexpected blood draw could involve bad protocol…mistakes that could ultimately vindicate my wrongfully accused client."
3. Get blood checked in order to prove your innocence in a facility independent of the state.
Law enforcement facilities find blood testing leave evidence while breath testing is a situation that is in the moment. There is no way to keep results from a breath test. After the arrest and test are presented, arresting officers are by law required to inform you of your right to have the test preserved for your use.
If you decide to use this important part of the law in your defense, an attorney on your behalf could have a chance to prevent a DUI conviction against you. You have the right to independently and privately have your blood sample checked for DUI Blood Testing: Contamination & Error. This process, referred to as a “blood split motion” in California legal circles.
This method of splitting blood samples, could, in the hands of an experienced attorney, present a client with a defense against DUI blood testing. A private lab may discover the sample is contaminated due to improper management through any of many legitimate possibilities.
* Lack of clotting material
* Poor refrigeration
* Improper handling
Any of these inconsistencies might prove you innocent in a DUI Blood Test & Contamination Error defense when matched with other legal defense options:
* Increased blood alcohol
* Title 17 rules not followed
Call for your defense at the California Justice Law Group for a Free Consultation.