Los Angeles DUI Blood Test Lawyers
Blood Tests
In most cases, police use breath tests to determine a driver's blood alcohol content. Frankly, breath tests are usually much quicker for the officer to conduct. And though blood tests are more expensive for the state to administer, it is up to the driver, not the officer, to decide which test to take. However, in the case of a serious car crash, where tests cannot be conducted at the scene or because of other unusual circumstances, a blood test may be selected by the officer. The officer may speak with the injured driver and determine whether or not they are drunk by slurred speech, bloodshot eyes and other cues called "objective symptoms."
Am I required to consent to a blood test?
Technically, you are not required to submit to a blood test. However, the consequences of a "Refusal" to take a chemical test are severe. And even if you do refuse, if the accident resulted in death or an injury, the police can take a forcible blood test from you anyway. You do NOT have the right to speak with attorney before providing a blood sample.
When a blood sample is taken, a hospital employee will draw blood to test for the presence of alcohol. In California, this test is analyzed by a licensed laboratory. The results of the blood test can be used in a court or LA DMV case against the driver. If you do not consent to a blood test, the blood will still be drawn in a medically approved manner. And now the police have their sample and you are also in trouble for "Refusing" to take the chemical test. This can result in sever DUI penalties.
Are blood tests accurate?
A blood test must be administered within three hours of driving to be presumed reliable in court. Any blood tests have to be conducted by a trained person using the right equipment. Additionally, the forensic alcohol analyst or toxicologist who analyzed the results of the test can be compelled to testify, and the accused has the right to send a "Split" sample of the blood to an independent laboratory for another chemical test. At times the result will differ significantly or there may not be sufficient preservative within the vial to maintain the integrity of the blood sample. Either of these are reasons to result in dismissed or reduced Los Angeles DUI charges.
Blood is considered the most reliable test compared to breath and urine tests. But human error and other factors can affect its reliability. As with any test for alcohol, there are many things that can go wrong with a blood test. Hospital results, not based on whole blood, have been found to increase the level of alcohol in the system by as much as 25 percent. Results can be contaminated, not stored properly or not taken properly. The bottom line is that they're fallible just like other tests. You need an experienced Los Angeles DUI lawyer who is familiar with the proper testing procedures and has your blood sample reanalyzed at an independent lab. Call us for a free DUI consultation.
DUI Resource Center
- DUI Defense FAQs
- Boating Under the Influence
- DUI Accidents and Who Pays
- Incorrect Arrest Procedure
- DUI and Loss of Income
- DUI and Loss of Transportation
- Multiple DUI Offenses
- Vehicular Manslaughter
- DUI Fines
- DUI Sentencing
- DUI and Loss of License
- California DUI DMV Hearings
- What Police Look for in a DUI Case
- After a DUI Arrest
- DUI Traffic Stops
- Police Mistakes in DUI Arrests
- DUI Accidents
- DUI Fatalities
- Blood Alcohol Concentration
- Breathalyzers
- Field Sobriety Tests – FST’s
- Blood Tests
- Cognitive Tests
- Dexterity - Field Sobriety Tests
- Preliminary Breath Testing
