How Your Attorney Can Challenge a DUI Blood Test
If you are arrested for driving under the influence of alcohol, you may be required to take a blood or breath test in order to measure your blood-alcohol concentration. Many people think that a blood test is the most reliable way to measure your BAC. However, an experienced DUI attorney may be able to challenge the results of a blood test.
There are a number of ways that a blood test could produce inaccurate results, and your DUI defense lawyer may be able to show that your test was not administered properly.
The Problems with DUI Blood Tests
Blood tests are susceptible to a number of problems. For this reason, the California Code of Regulations sets forth particular rules that must be adhered to when law enforcement is testing your blood.1 If these rules are not followed, the results of your test could be compromised. Your attorney may be able to fight DUI charges by showing the blood test was not administered properly.
One way our skilled DUI defense attorneys have shown that the results of your blood test should not be trusted is by requesting to have the blood retested at a private laboratory. Independent testing could uncover issues that might have led to inaccurate test results.
The most common issues associated with blood tests occur during the collection of the blood. This is why the California Code of Regulations sets forth specific requirements for the licensing and certification of professionals who take blood samples. If your blood was taken by a healthcare worker who was not properly trained, there is a chance that your blood suffered contamination, causing the test to produce inaccurate results.
Your lawyer may also challenge the actual methods used to test your blood. Typically, law enforcement uses a Gas Chromatograph to analyze blood. While this piece of technology is highly sophisticated, the test must be conducted using a very specific method to get accurate results. If these instructions are not followed, the machine could produce inaccurate readings.2 Our attorneys could attempt to prove that the person conducting the blood test was not properly trained to use the Gas Chromatograph or that the method necessary to produce an accurate reading was not followed.
Call the DUI Defense Attorneys at Wallin & Klarich Today
If you have been arrested for DUI, you need to contact a skilled criminal defense attorney immediately. There are a number of valid arguments that can be made on your behalf to defend you against DUI charges, and our DUI lawyers understand how to use these defenses. At Wallin & Klarich, we have been successfully defending our clients against DUI charges for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich attorney can help you no matter where you work or live.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.
1. http://www.drugdetection.net/pdf%20documents/title%2017%20california%20code%20of%20regulations%20jan%202006.pdf href=”#ref1″>↩
2. http://www.thetruthaboutforensicscience.com/the-top-2-problems-seen-with-gas-chromatography-bac-results/ href=”#ref2″>↩
