Blood Tests & DUI Defense in California
In my experience, of the three tests (blood, breath, or urine), blood is the most accurate. Urine tests are no longer used as a DUI test unless you police some drug in your system.
However, sometimes defenses can be used depending on how law enforcement takes and stores the blood. In a close case (if the client's blood alcohol level is near the .08 limit), we will do a “blood split” to determine if the blood was contaminated so that the result is affected.
Good Los Angeles DUI defense attorneys know what procedures to follow in blood draw cases to give their clients the best chance at success. They also know when it is a waste of time and money to do a blood split once they have evaluated all of the evidence for and against their client.
Further, it is common in DUI cases filed in Los Angeles County that there can be delays in obtaining the blood result. The laboratories that test blood are very crowded, and the law enforcement officers that submit your case to these laboratories and the criminal courts can take a long time to get you your chance.
Sometimes when we make the first court appearance, the blood result is not available yet, and the case must be continued to obtain the result. This is also relevant for DMV purposes because the DMV will also need the blood results associated with your pullover and arrest to take any actions on your driver's license. See related: Can Police Force a Blood Draw in a Los Angeles DUI Case?
Challenging a DUI Blood Test
When I meet with clients, I make sure that we discuss the necessary details surrounding their contact with the police and arrest. The only way to beat the prosecutors in court and get a case dismissed is to develop an angle to attack their issue related to your client.
If all of the procedures were correctly followed and your blood alcohol level is above the .08 legal limit, your attorney will negotiate the case with the prosecutors. It is unfair for attorneys to give false hopes to people related to their DUI case unless they have an angle to win.
Further, attorneys should not be prejudging your case until they have reviewed all of the evidence and discussed the facts surrounding your arrest.
When people meet with me, I make it a point to encourage them to be honest with me and not leave anything out of their version of events. If I am given accurate facts, I will be able to represent them in the best way possible and give them an accurate assessment of their situation.
If I am given one-sided facts, then my evaluation and representation of them will not be as strong as they could be. The moral of the story is to be honest and straightforward with your attorney to represent you to the best of their ability.
Further, there are no shortcuts or tricks; to win, you need an angle, and to end up with the best result, you need a local attorney armed with all relevant facts to fight for you!
How Our Law Firm Can Help You
Did you get pulled over for driving under the influence? Did you take a blood test? Was your blood alcohol level above the legal limit? If the answer to these questions was yes, you need a skilled and experienced DUI defense lawyer on your side.
We have a combined 75 years of experience, and we have handled thousands and thousands of driving under the influence cases. We know the DUI process inside and out, and we can and will help you.
There are specific protocols the law enforcement must follow before administering a blood test, such as having a trained technician help with the blood test, properly storing the blood sample, sterilizing the area with something other than an alcohol-based product, and other protocols that, if not taken, may result in inaccurate blood tests.
As your DUI Attorney, we strive to get the blood test thrown out of evidence if there is any slight possibility that it may be inaccurate.
The bottom line is that a drunk driving lawyer is necessary if you have been charged with a DUI defense attorney. We truly have the experience that qualifies us beyond what you can imagine. Our credentials are unmatched in all of Los Angeles county.