Defenses for Blood Tests in Southern California

Blood tests, although often more accurate than breath tests, are still subject to their own set of inadequacies and can be attacked in court.  Just like breath tests, blood tests do not take into account an individual’s weight, metabolism, and rate of alcohol absorption. The blood alcohol level in a person may vary based on these factors; therefore having one set standard of measuring the blood alcohol level in a person is not necessarily accurate. In fact, many tests and media studies of the equipment used for the tests and how the results can fluctuate based on time and other factors have proven that the tests are in no way 100% fool proof.

Blood Tests in California

If you have submitted to a blood test, your DUI attorney may be able contest its results. By conducting an independent analysis of the blood sample, your attorney may be able to show an error in the analysis of the results or in the blood sample itself.  Contaminants, such as a rubbing alcohol swab before taking your blood, can render the results unreliable.  Anticoagulants and preservatives are two substances which must be added to a blood sample for its results to be as accurate as possible.  There are several possible defenses your DUI lawyer may use if you have submitted to a blood test, such as:

• Was sufficient preservative used to ensure that the collected blood was properly stored for testing?
• Was there any contamination at the time the blood was drawn?
• Did the person shake the vial after adding your blood and the anticoagulants/preservatives? If not, the sample may not have been preserved properly. The chemicals must mix with the blood to be effective.
• An error in the analysis of the results themselves may have occurred. By conducting an independent analysis, your DUI attorney may be able to prove this.

By doing an independent test of your blood sample, your DUI lawyer may be able to prove the blood alcohol level alleged by the prosecutor is inaccurate.  Many times the blood alcohol level is lower by .01, .02, and even .03.  This could mean the difference between a .10, and a .07, which is under the legal limit.  Also, medical issues, such as diabetes, can make your blood alcohol results higher than they truly are.

Our DUI Defense Specialists: Southern California Courtrooms

Our skilled DUI attorneys at Kestenbaum Eisner & Gorin LLP are aware of all of the issues affecting the validity of your blood test, and will identify them before litigating your case in court. We have obtained the dismissal and reduction of DUI charges throughout Southern California because we pursue an aggressive courtroom defense. We are available 24/7 for an immediate consultation.