You can request your driving under the influence (DUI) blood test results from the police or the California Department of Motor Vehicles (DMV). Typically, the results are available within four to six weeks of your test. Even if the results indicate you were driving under the influence, you may be able to contest them.
Following a DUI arrest and blood test in Los Angeles, partner with an attorney. You can connect with a Los Angeles DUI attorney that reviews the facts of your case. From here, your attorney can help you determine the best course of action to dispute your DUI blood test results.
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% or higher and are over the age of 21. To test your BAC, a police officer may perform a breath or blood test.
A police officer will administer a DUI breath or blood test on the spot. Many people prefer a breath test over a blood test since the former is less invasive and faster to complete than the latter. However, a police officer may perform a blood test if a driver requests one or if the officer feels it is warranted.
With a breath test, a police officer measures the amount of alcohol in the air that a driver breathes. Comparatively, with a blood test, a police officer assesses the amount of alcohol in a driver’s bloodstream. Although a blood test may be more accurate than a breath test, you can still dispute the assessment’s results.
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. The lawyer asks you questions to get as much information as possible about your DUI arrest and blood test. Also, the attorney reviews the blood test results carefully and looks for any errors.
If your blood is drawn during a DUI arrest, you may be able to split your blood test. This is due to the fact that the police officer that takes your blood does not use the full sample. Instead, the officer reserves a portion of your sample for at least a year after your arrest, giving you the opportunity to get a second opinion.
In some instances, splitting a blood test may show that your BAC was below the legal limit at the time of your arrest. Unfortunately, there can be times when splitting a blood test reveals your BAC was actually higher than the level reported by the arresting officer. With help from a DUI attorney in Los Angeles, you can split your blood test and determine if this is a viable option to dispute any charges against you.
What It Takes to Dispute Los Angeles DUI Blood Test Results
Along with splitting a blood test, there are other options to dispute the results of your DUI test.
Citing 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.
Claiming Your BAC Was Increasing
Your BAC may have been lower at the time you were driving versus when you received your blood test. In this case, you may have been driving while your BAC was below the legal limit. Your DUI attorney will examine the time difference between when you were driving and when your blood test was performed to determine if you can use this defense.
Showing 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 leads to a reduced charge or having your charge dismissed.
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.
Do Not Wait to Hire a Los Angeles DUI Lawyer
If you want to dispute DUI blood test results in Los Angeles, legal help is available. Get in touch with an LA DUI attorney today to assess all of the legal options at your disposal.