If you are lawfully arrested by a police officer who has probable cause
against you, you automatically give consent to taking a blood test. California’s
implied consent law requires individuals to take a chemical test, whether
a breath or blood test. Although it is required, there are common problems
with this test that you should know.
This test is administered for the purpose of determining your blood alcohol
content (BAC) level. Typically, the test should be administered at the
time of your arrest and you should be given the choice between a blood
or breath test. All aspects of the process should be done according to
proper protocol; otherwise your rights may have been infringed upon.
Other possible issues that can arise with a blood test include:
The blood draw – The person who draws the blood from the defendant accused of DUI
must have certified training to do a blood withdrawal. He or she must
properly clean the skin before the needle was inserted. Isopropyl alcohol
can actually contaminate the blood sample.
Plasma was tested, not whole blood - If your plasma was tested, the same amount of alcohol will be contained
in a smaller volume of liquid, which can skew the results. Whole blood
should be analyzed instead so that a more accurate BAC measurement can be given.
Improper storage – the typical process for drawing blood from a suspect is to use
a vacutainer, a sealed vacuum device which helps to protect the sample
from possible contaminants. If the storage is faulty, this could be an
issue. Each one has an expiration date and if this passes, is no longer
a guaranteed sample.
The above and other issues can present serious issues with your DUI charge.
At Appel & Morse, our
Santa Barbara DUI lawyers leave no stone unturned in our investigations.
Contact us at your earliest convenience to get to work at once. We can help you build
a powerful defense.