Under the implied consent law, a motorist who is arrested for DUI in California must submit to an evidential chemical test by providing a sample of either breath or blood. Anyone refusing to provide such a sample will suffer a mandatory one-year suspension of driving privileges. Even when there is a refusal to give a blood sample in a DUI case, a police officer may force a blood-draw, against the person’s will. When this happens, the person may still be charged for their refusal, resulting in a one year license suspension.

When a person chooses to take a breath test, the officer must advise the person of their right to take a blood test in order to retain a sample for later testing by an independent lab. Therefore, blood-test results in DUI cases can be challenged. In many cases, they should be challenged. DUI blood tests, like many other tests, are subject to human error.

Improper blood-draw procedures are not uncommon in many police crime labs throughout Southern California. A proper blood draw must be conducted by a properly certified blood-technician or phlebotomist. The technician must be careful alcohol-free wipe when sanitizing the person’s arm prior to the blood draw. If the sanitizing wipe contains 2% ethyl alcohol, as is often used, this will lead to alcohol-contamination of the blood sample.

The procedure also requires that the blood be drawn into a glass tube containing a powdery mixture of anticoagulant and sodium-fluoride preservative. Inaccurate amounts of either substance can result in a significantly flawed test and inherently unreliable results. For example, improper amounts of sodium-fluoride preservative can cause the blood to ferment, thereby producing alcohol in the blood. An insufficient amount of anticoagulant will cause the blood to clot and thereby produce higher blood alcohol level. These mistakes can be uncovered through independent laboratory testing.

After the blood is drawn, the testing must be conducted by a qualified analyst who is required to record the test results at or near the time of the blood analysis. If the crime lab fails to adhere to these procedures, the blood test report will not be trustworthy or reliable.

Finally, there must be a strict adherence to a proper chain of custody. Chain of custody requires that every person handling the blood sample maintain accurate written records of what was done along with the corresponding timeframes. Without a proper chain of custody there is no reliable way to ensure that the blood sample that was tested belongs to the defendant. Such a gap makes the entire sample inherently unreliable.

At California Criminal Defense Center, we meticulously scrutinize every step of the procedures outline above in defense of our DUI clients. We regularly obtain a portion of our client’s blood sample and have it tested by an independent forensic laboratory. We know what to look for, and how to find it.

If you would like a confidential and free consultation with a highly skilled California DUI lawyer, please call us toll free at 1-800-4-DUI-LAW (1-800-438-4529). You can also email us by completing the free consultation form on this page.