Bad Procedure May Throw Out Blood Test Results

Blood evidence is one of the strongest forms of evidence in a DUI trial. Yet if the samples are taken improperly or under legally dubious circumstances they can be thrown out. That’s what one Fontana woman and her defense team are attempting to do.

The accused is charged with six counts of murder for a wrong-way crash that happened in 2014. Usually, officers need a warrant or consent before pulling a blood sample in California. The woman was severely injured in the accident and was supposed to be rushed to surgery. The officer followed the ambulance and asked for a sample. The officer admits that he didn’t have time to get a warrant. However, with the woman unconscious, she couldn’t consent to a blood draw either.

He did tell the medical staff treating the woman that she was under arrest. The defense lawyers are using the improper procedure as leverage to throw the blood evidence out from the trial that might prove the accused was intoxicated that day. It was likely thought by the officer that by the time the warrant would have been obtained the woman would have been in surgery or recovery, which would have skewed the BAC reading at the time of the crash.

Regardless of the situation, legal procedures must be followed. Laws work when everyone follows the rules, and that includes the state. If you have been arrested for DUI in the city of Los Angeles, don’t wait. Call our defense team today for a free consultation.


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