If you were arrested for driving under the influence (DUI) in Los Angeles, the police could have taken a blood sample to do blood alcohol content (BAC) testing. In many cases, the prosecution will wait to begin your court case until the results of these tests come back.
In some cases, the lab may finish with your blood test in four to six weeks. However, it can end up taking months if the lab is busy.
Basic Information About BAC Blood Tests in California
Police officers can request that you complete a blood test after you are stopped for a DUI. You must legally comply with BAC testing after an arrest. This is because all drivers in California give “implied consent” to BAC testing.
You do not have to do anything or speak with anyone to give implied consent. Merely operating a vehicle in our state is enough to offer this kind of consent. This means that, after a DUI arrest, you must legally complete one of the following:
- Breath test
- Urine test
- Blood test
Legally, you have the right to choose the kind of test you would like to take after a DUI arrest. Sometimes, not all of the testing options are available. Failure to complete a legally ordered BAC test can have serious results on your life.
Drivers who refuse to take a BAC test could face the suspension of their driver’s license from the Department of Motor Vehicles (DMV). You could also face fines and other penalties.
Time-Frame for Getting BAC Blood Test Results
It can take as little as four to six weeks to get the results of a blood test back after a DUI arrest. However, in many cases, it takes much longer for a lab to finish working on a blood test. It may take a significant amount of time in our area because:
- Los Angeles is a very large city
- There are often many BAC tests due to get processed
Sometimes, the laboratories that handle BAC testing can also misplace or lose blood samples. If they recover the samples, this can lead to an additional delay in securing the results of a blood test. Note that your lawyer can also request independent testing for your blood work.
A lawyer can file a blood “split” motion before your case goes to trial. This requires the prosecution to provide your lawyer with a sample of your blood draw. Your lawyer can then send this sample to a different lab for independent testing.
The time-frame for independent testing can vary greatly, depending upon the lab chosen and the number of other tests they need to perform. You can speak with your lawyer about the timeframe to get back the test results for your case.
Limits for BAC in California and DUI Charges
The state of California has set a limit for a driver’s BAC limit while driving. Drivers who exceed this legal limit can face charges for a DUI. According to Vehicle Code (VEH) §23152, drivers must keep their BAC below 0.08% in most cases.
However, some drivers have to maintain a lower BAC level to avoid criminal charges. Drivers have to keep their BAC:
- Under 0.04% if they operate commercial vehicles
- Under 0.01% if they are under the age of 21
Blood tests can provide information about a driver’s BAC at the time of their arrest.
Defend Yourself After You Get BAC Test Results in Los Angeles
A lawyer can step in to help if you are accused of a DUI in Los Angeles. Your lawyer can dispute the results of your BAC test results. A lawyer can also work to show that you were stopped without reasonable cause.
Members of our team will focus on helping you resolve your charges, starting right now. We know how to:
- Get your charges dismissed
- Get your charges reduced
- Defend you in court in Los Angeles
Many drivers in your situation are able to get their charges reduced by accepting a plea bargain. We can assess all plea bargain deals offered by the prosecution. We are also prepared to help you if your case goes to court here in California.
Learn more: Does Ambien Show Up on a Blood Test?
Build Your Defense While You Wait for DUI Blood Sample Results
While it can take anywhere from a few weeks to a few months to get DUI blood samples back after an arrest, members of our team are ready to build your defense. Find out more by contacting our experienced DUI lawyers in Los Angeles at (310) 862-0199 for a free consultation.