If you want to get your driving under the influence (DUI) blood test results, you can request them from the California Department of Motor Vehicles (DMV) or the police. Both parties can make the results of a blood test available to you within four to six weeks of your test.
Why should you request your test results? If you’re facing DUI charges, you can use your blood test results to contest the accusations brought against you. A Los Angeles DUI lawyer can help you analyze your test results and then split them, or challenge them, as your case progresses.
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How a DUI Blood Test in Los Angeles Works
If a Los Angeles police officer believes you are driving under the influence, they may test your blood alcohol concentration (BAC). In California, it is against the law to drive if you have a BAC of 0.08 percent or higher when you’re over the age of 21.
Police officers may use a variety of chemical tests to measure your blood alcohol content. We’re used to seeing breathalyzers on police procedurals. However, officers may also perform a blood test. You can get the results from a DUI blood test by requesting them from the DMV or California police departments.
What to Expect From a Breath Test
Breath tests let officers determine how much alcohol is in the air a driver breathes. Most drivers prefer breath tests because they’re familiar and relatively non-invasive.
However, breath tests are often less accurate than blood tests. Breath tests may make law enforcement officers think that your blood alcohol level is higher than it is. You may subsequently face harsher DUI penalties until you can challenge the rest’s findings.
What to Expect From a Blood Test
Most drivers prefer breath tests to blood tests out of a fear of needles. However, officers often prefer blood draws because they create a more comprehensive profile of a person’s blood alcohol content. These tests can also determine whether or not a person is under the influence of drugs.
As a driver, you can request that officers test your blood instead of your breath. Thanks to California’s consent laws, officers cannot force you to participate in a blood test.
Blood tests are generally more accurate than breath tests. However, you still retain the right to challenge a blood test’s findings. A criminal defense lawyer in Los Angeles can bring the reliability of blood tests into question when your case goes to trial.
How to Split a Los Angeles DUI Blood Test
A Los Angeles DUI lawyer can provide tips, recommendations, and insights on how to discredit blood test results, not to mention the results of other chemical tests. For example, if your blood is drawn during a DUI arrest, you may be able to split your blood test.
The argument that allows you to “split” a blood sample suggests that because officers didn’t receive a full sample of your blood, you have the right to request a second opinion about their findings. Splitting your blood test between a police lab and a medical facility can often reveal that your BAC was below the legal limit at the time of your test.
Unfortunately, there can be times when splitting a blood sample reveals your BAC was actually higher than the level reported by the arresting officer. A criminal defense attorney can help you determine whether or not it’s in your best interest to split your blood test in your effort to dispute your DUI charges.
What It Takes to Dispute Los Angeles DUI Blood Test Results
Along with splitting a blood test, there are other options to dispute the testing methods used to determine your BAC. Once you get your DUI blood test results, you can work with an experienced criminal defense attorney to:
Cite a Title 17 Violation
California Title 17 describes the rules that police officers are required to follow to collect and store your DUI blood test sample. If any of these rules were violated, they could invalidate your DUI blood test results.
A DUI lawyer in Los Angeles considers Title 17 closely and may be able to show a police officer violated rules associated with it when they administered your blood test.
Argue that a Police Department Used an Improper Testing Process
Officers aren’t the only people who can make mistakes when handling your testing sample.
Law enforcement agencies often rely on their own technicians to assess the results of blood testing. Those technicians can make mistakes on the job by misreading a blood sample or improperly handling evidence.
This is one benefit of split testing. Comparing a drunk driving investigation’s findings against findings conducted in a private laboratory can often reveal the missteps officers and their staff made. If a secondary test reveals sample contamination or a failure to abide by proper protocol, you can cite test misuse as a defense strategy.
Highlight the Influence of Dietary Factors on Your BAC
Certain diets and medical conditions make it harder for officers to use blood testing as an accurate reflection of a person’s BAC. For example, anyone on a low-carb diet may appear to have a higher BAC than they do. Likewise, people with diabetes can appear to have higher-than-average BAC levels.
If you disclosed your conditions to an officer, and that officer still used blood test evidence to charge you with a DUI, our experienced attorneys can step in.
Show There Was No Probable Cause
A police officer may be able to prove there was probable cause for pulling you over in the first place. If an officer cannot do so, your DUI charge may be dismissed, regardless of your blood test results. Your lawyer can help you gather evidence to support your claim that an arresting officer did not have probable cause.
In a DUI case, you do not necessarily have to show that you were sober. You can use various legal defenses to raise concerns about the validity of your DUI blood test results, which can weaken the case against you.
In the best-case scenario, you may be able to get a judge to suppress your blood test results, which could result in a reduced charge or dismissal of your charge.
Why You Should Hire an Attorney to Help You Dispute Los Angeles DUI Blood Test Results
DUI blood test results are not foolproof. If you have an experienced LA DUI attorney at your side, you can get the legal help you need to dispute these results. Your lawyer can help you navigate all aspects of the legal process and achieve the optimal case result.
Your lawyer represents your best interests and ensures that your legal rights are protected. In addition, your attorney explores every avenue to contest your DUI blood test results. No matter what happens, your lawyer continues to search for ways to help you get your DUI charge lowered or dropped.
Expect your attorney to negotiate with the prosecutor and discuss plea bargain agreements with you, too. If you move forward with a plea bargain, you can accept a lesser DUI charge in exchange for a quick resolution to your case. The agreement meets the needs of both you and the prosecutor, and it may allow you to avoid steep fines and jail time.
Consequences for an Unchallenged DUI Charge
If you don’t challenge a DUI charge, you risk facing considerable fines, jail time, and required coursework. For example:
- A first-time DUI conviction can result in up to three years of probation, $390 in fines, three months in an alcohol program, and six months of license suspension.
- A second DUI conviction can result in up to $2,000 in fines, a mandatory minimum jail sentence of 96 hours, the installation of an Ignition Interlock Device, five years of summary probation, and driver’s license restrictions.
- A third DUI conviction can see you face up to $2,500 in fines on top of 30 months in DUI school, 120 days in jail, and the installation of an Ignition Interlock Device. You may also see your license suspended for up to three years.
It’s with these risks in mind that we encourage you to reach out to a Los Angeles DUI lawyer if you’re arrested for intoxicated driving.
Our team can help you get your DUI blood test results and build a strong defense against accusations of alcohol or drug use. Our knowledge of unreliable blood alcohol concentration tests can protect your future.
Don’t Wait to Contact a Los Angeles DUI Lawyer
If you get your DUI blood test results and want to dispute their findings, legal help is available. Get in touch with a Los Angeles DUI attorney today to assess all of the legal options at your disposal.
