A lawyer may help you discredit blood test results after a DUI (driving under the influence) arrest by arguing that the police failed to follow proper blood draw procedure or that law enforcement stopped you without due cause.
An attorney may also help by using a rising BAC (blood alcohol content) defense.
A Los Angeles DUI lawyer can investigate how the police took your blood sample, where it was processed, and whether the results can get called into question. Attacking the blood test results is one of the strongest ways to defend your case. It could even get the DUI charges dropped
What Are the Best Strategies for Challenging Blood Test Results?
Challenging blood test results can be difficult. However, there are several strategies you and an experienced DUI lawyer can use to discredit blood test results in a California DUI case.
Title 17 Violations
California Title 17 includes many regulations for collecting, storing, and testing DUI blood samples.
These regulations ensure that officers do not use an alcohol-based swab before taking the blood sample and that the blood does not ferment or change chemically while waiting to be tested.
If any of these protocols were broken, your blood test result may not be valid. A lawyer can look for Title 17 violations in a California DUI case to build your defense.
Rising BAC Defense
If there was a long delay between when you first got pulled over and when you gave the blood sample, your BAC may have gone up during the extra time. Therefore, your BAC may have been lower when you were behind the wheel.
Your defense attorney can provide more information about the rising BAC defense in a California DUI case.
Lack of Probable Cause
If you have reason to believe that the police pulled you over and arrested you without probable cause, the court may throw out your case so long as you can provide evidence showing this.
Even if your blood test results show that you had a BAC above the legal limit, it doesn’t matter if there was no cause for the officer to arrest you. None of these strategies have to prove that you were sober and drug-free.
If so, the judge may agree to suppress the test results as evidence, substantially weakening the case against you. A lawyer can explain probable cause in a California DUI case in more detail.
Should You Hire a Lawyer to Dispute Your Blood Test Results?
If you feel your blood wasn’t taken correctly by a police officer, the lab mishandled your test, or if you simply want a second opinion, you should get a reputable Los Angeles DUI lawyer to help you. Even on the first offense, the penalties for DUI can cost you more than retaining a lawyer.
A defense lawyer can help you discredit blood test results in a California DUI case and defend you in court. If you don’t know how to get started or what defense is best for your case, you should contact a defense attorney as soon as possible.
Why Is Attacking the Blood Test Results Such a Big Deal?
A blood sample is often the most significant evidence against you in a DUI case. California Vehicle Code (CVC) § 23152(b) makes it illegal to have a blood alcohol concentration (BAC) of .08% or higher while driving.
Therefore, a blood test from a police officer makes it easy to prove that your BAC was over the legal limit or that you had drugs in your system, making it easy to convict you. Without the blood test, the prosecutor has a much harder job.
They can still convict you under CVC § 23152(a), but only if they can prove you experienced physical or mental impairment by a substance while driving. Whether you were “impaired” is a subjective call and hard to prove in court.
Can You Fight the Blood Test if You Drank Alcohol?
Yes, you can discredit blood test results in a California DUI case even if you drank alcohol. The law doesn’t state that you have to be stone sober to get behind the wheel. It simply says that your BAC must be below .08%, and you experience no impairment.
Many people who fight and win their DUI cases did have some drinks or used drugs but simply weren’t over the limit for their blood alcohol level at the time of driving.
A criminal defense attorney can help you explore all your legal options and build a solid defense strategy on your behalf.
Can You Refuse a Blood Test?
Having a test result is so important in DUI cases that the police inherently have implied consent to take your blood if they have reason to suspect you’re under the influence.
Even though there is implied consent in California, you can still refuse to submit to a chemical test. However, understand that refusing a blood test can result in more strict penalties sanctioned against you should you get convicted.
For example, if you are over 21 and this is your first offense DUI, refusing a blood test will mean that you can’t get a restricted license to drive during your suspension period. It can also incur:
- Additional fines
- Jail time
- Further restrictions on your vehicle or license
Ultimately, it’s up to you to decide whether or not you want to take a blood test either before or after your arrest for drunk driving charges.
Is It True That Blood Tests Are More Accurate Than Other DUI Chemical Tests?
If everything goes correctly, a blood test gives an accurate reading of the amount of alcohol in your blood. Therefore, blood tests work better than a breath test, which tests the blood indirectly by using your breath as a proxy.
Alcohol still in your mouth and other factors can easily throw off breath tests.
However, blood tests have many issues. When the police draw your blood sample, it takes time to analyze. It has to go to a lab that may analyze it days or weeks later. A lot can happen between when you give the blood sample and when testing occurs.
Request a Split to Retest Your Blood Sample
The labs don’t use the entire sample when your blood gets drawn for a blood test. The other half, under law, gets reserved for at least a year. This reserve blood sample allows you to retest your blood to see if the initial lab results were accurate.
Doing this is known as splitting your blood test. Getting a second opinion on your blood can mean the difference between proving your innocence or getting convicted of a DUI. Even if your retest shows a higher BAC concentration, don’t worry.
You don’t have to submit that result as evidence. Splitting your blood test can only work in your favor, so discuss independent testing with your lawyer. An attorney can file a blood-split motion on your behalf if the police accuse you of driving under the influence of alcohol.
Focus on Discrediting Blood Test Results in a California DUI Case
Want to know how to discredit blood test results in a California DUI case? A lawyer can help you handle blood alcohol level tests by focusing on the lack of probable cause, the rising BAC defense, or arguing that the police failed to properly conduct these tests.
A Los Angeles DUI lawyer can help you avoid a license suspension, mandatory jail time, and fines in many cases. You can call or complete our online contact form to learn more.
