San Diego DUI Blood Test Errors, Defense Lawyer
In California, you generally have the option of choosing between a breath test or a blood test in a DUI case. A blood test can be the most accurate test, but only if it is done properly. That's where the real problem lies. Errors in the collection, preservation and analysis of blood samples can lead to incorrect results - and DUI prosecutions and convictions.
Call or Email Our San Diego DUI Attorney Today
San Diego DUI defense attorney Mark R. De Yoe has handled thousands of DUI cases in his 25 years of DUI defense work in San Diego Superior courts, including downtown San Diego, Chula Vista, El Cajon and Vista. Mark is knowledgeable about the types of errors that can occur with breath tests. Mark also understands how medical conditions can affect test results.
Equally important, he knows local law enforcement, local courts and local judges. When a strong defense matters most, call San Diego DUI defense lawyer Mark De Yoe at (619) 894-8295 or contact him online.
The Process of Conducting a Blood Test for Alcohol
There are a number of steps in the process of conducting a blood test to determine blood alcohol content (BAC). Errors can be made every step of the way, leading to inaccurate results.
- Obtaining the blood sample: The California Vehicle Code and Administrative Code contain exacting provisions as to who is legally allowed to draw blood for forensic alcohol analysis, and what must be observed in such testing. Alcohol or other volatile organic disinfectants shall not be used to clean the skin where a specimen is to be collected. Improper procedures can invalidate results.
- Preserving the blood sample: Whole blood samples should be mixed with an anticoagulant and preservative. The sample itself must then be sealed and preserved in order to prevent contamination, fermentation and the production of alcohol that can give a false high reading. An insufficient amount of preservative in a test vial can lead to inaccurate blood test results.
- Maintaining a sterile environment: Blood samples must be collected using sterile, dry hypodermic needles, or clean, dry vacuum-type containers. Reusable equipment, if used, must not be cleaned or kept in alcohol or other volatile organic solvents.
- Delay in the actual forensic alcohol analysis. Good forensic laboratory procedure calls for the blood alcohol analysis to take place within 24 to 48 hours of the blood draw. Unfortunately, untested blood samples sometimes sit for weeks until they are actually analyzed. The accuracy of such samples may be questioned, especially in light of the fact that a .01% discrepancy can make all the difference in the world.
DUI Defense Against Blood Test Errors
A blood test may be more accurate than a breath test, but the fact remains that blood testing is far from foolproof. There can be problems with the specimen itself that can lead to error, even if an adequate amount of preservative is used.
One distinct advantage of blood testing, however, is that a blood sample can be independently retested for accuracy by a leading regional forensic laboratory.
You may have more defense options than you realize. Call San Diego DUI attorney Mark R. De Yoe at (619) 894-8295 or email him.
