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.” This involves taking a portion of the blood sample and having it independently tested by a separate laboratory.
The goal is to determine if the blood was contaminated, which could have affected the result. This process is crucial as it can reveal any potential errors or inaccuracies in the initial blood test, which could significantly impact the case outcome.
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, 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 suspend your driver's license if the blood alcohol level is above the legal limit.
It's important to note that the DMV operates independently from the criminal court system and can take action against your driver's license based on the results of the blood test, regardless of the outcome of your criminal 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 a strong defense strategy or an 'angle' to win. This could be a procedural error in the blood test process or a flaw in the evidence against you.
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 encourage them to be honest 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 be weaker than they could be. The moral of the story is, to be honest and straightforward with your attorney. This is not just a matter of trust, but it's also about ensuring that your attorney has all the necessary information to build the strongest possible defense strategy for your case.
Further, there are no shortcuts or tricks; to win, you need an angle, and to get 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.
With a combined 75 years of experience and having handled thousands of driving under the influence cases, we possess an in-depth understanding of the DUI process. You can trust us to provide the expert legal representation you need, instilling a sense of confidence in our expertise.
Our approach is thorough and meticulous. We understand the specific protocols law enforcement must follow before administering a blood test, and we will strive to get the blood test thrown out of evidence if there is any slight possibility that it may be inaccurate, providing you with a sense of reassurance about our attention to detail.
As your dedicated DUI Attorney, we are committed to your case. We will strive to get the blood test thrown out of evidence if there is any slight possibility that it may need to be more accurate, ensuring you feel supported and cared for during your legal process.
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.
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