Cases involving Blood Tests performed in as part of a DUI investigation in Fullerton or Orange County can be successfully defended by an experienced DUI attorney, such as Fullerton DUI lawyer Randall T. Longwith. Once a DUI arrest has been made, the law requires the driver to submit to a chemical test under a provision in the California Vehicle Code referred to as California’s “Implied Consent” law. What this California DUI law means simply is that anyone with a California Driver's License automatically consents to the taking of a sample of either his blood or breath if arrested on suspicion of a California drunk driving offense. The law makes providing a blood or breath sample mandatory. If you choose to provide a breath sample in a DUI investigation, the officer must still advise you of your right to take a blood test in order to retain a sample of blood for later testing by an independent lab. This is a safeguard for all persons accused of a DUI in Orange County, a DUI in Los Angeles, a DUI in Riverside, or a DUI in San Bernardino, as well as any California DUI. Lastly, because of the “implied consent law,” if you fail to submit to the required chemical testing, a number of serious repercussions could follow, including hefty fines, mandatory jail and Suspension of your California Driver's License.
Blood Test Evidence is considered by police, prosecutors, and much of the general public to be the most powerful evidence possible in a California DUI case. Part of the reason for this is because Blood Testing, as opposed to Breath Testing, is less susceptible to challenges because it involves a more direct taking and testing of a sample of a person’s blood. However, even though Blood Test results in a DUI case are more difficult to challenge, they still can be successfully challenged by an Fullerton DUI attorney with the expertise in effectively attacking such tests. Remember, blood tests are in no way perfect. An expert Fullerton DUI attorney knowledgeable and skilled in the science of blood testing can find and exploit any flaws that may be present in the testing procedure. Because of this, it is critical that you consult with an Fullerton DUI attorney who is not only experienced and knowledgeable in the area of Drunk Driving cases, but is himself an EXPERT in the area of blood testing.
An EXPERT Fullerton DUI Lawyer such as Randall T. Longwith can often times neutralize blood test results in many DUI cases by challenging to the accuracy of the results themselves. And if the results of your blood test are effectively challenged, your chances of having your case dismissed, reduced to a lesser charge, or won at jury trial increase dramatically. Fullerton DUI Defense Attorney Randall T. Longwith has the expertise in the field of Drunk Driving and DUI to afford you the best possible chance to have a successful outcome to your DUI case.
THE BLOOD TEST: When the law talks about a Blood Alcohol Content or “BAC,” it refers to the number of grams of alcohol present per 100 milliliters of blood in the person's system. For example, a BAC of 0.10% would mean that the person has 1/10 of a gram of alcohol per every 100 milliliters of his blood. The amount of blood actually tested as opposed to the amount that is drawn from the arm is very different. The “lab” usually draws an entire vile full of blood from a person’s arm but only tests less than a TENTH OF AN OUNCE. So when it comes to California's legal limit of 0.08%, we are talking about a very small amount of measurable alcohol. Because of this, the smallest of errors in the testing procedure can lead to a giant error in the results. One common error in Blood Testing is improper blood drawing procedures. The blood must be drawn by a qualified person. The blood must also be drawn in an appropriate fashion. If it is not there is a possibility that the blood was contaminated during the draw which could lead to an artificially high reading of alcohol in the results.
Another problem affecting blood testing results in California DUI cases is something called FERMENTATION. Fermentation is the naturally occurring formation of alcohol. Just as wine in a sealed bottle produces alcohol naturally through fermentation so too does Blood in a sealed vial. When blood ferments in the vial, the alcohol level will be higher at the time of testing than it was at the time it was actually drawn from the arm. This can lead to blood results in your Fullerton DUI case 2 to 3 times higher than they were at the time the blood was actually drawn from your arm. In order to minimize the risk of artificially high blood alcohol readings in blood cases through fermentation, laboratories must follow certain steps. As I stated above, the puncture site must be appropriately swabbed before the draw. The correct type and amount of preservative powder and anticoagulant powder must be added to the vial. After the draw, the blood and the chemicals must then be sufficiently mixed or the chemicals will have little effect. The sample must be kept in a controlled refrigerated environment in order to preserve the quality of the sample. Moreover, this refrigerator should be in a secured area with a log book to determine exactly who and when the sample was accessed.
Was the vile from a pre prepared test kit? Many agencies don’t prepare the vials themselves but rather buy vial that have been pre prepared with the chemicals already inside. An expert Fullerton DUI attorney will know to look to ensure that the vials were vacuumed sealed, actually contained the type and amount of chemical stated, and that the vials were not past their expiration date. The preferred method of blood analysis when looking for alcohol content is a process called “gas chromatography” or “GC”. This testing method utilizes a measuring technique of comparison of a known “standard” to the subject’s sample. These standards are typically certified pre-mix solutions, which have been tested and re-tested for being accurate and reliable “markers” for the GC device. An expert Fullerton DUI attorney knows to inspect whether the Gas Chromatograph device properly calibrated, maintained, repaired according to California State law and the terms of the lab's license. Where was the blood drawn and tested? If it was tested in a hospital, the result may be artificially high because most hospital tests are done on blood “serum” or “plasma,” not the “whole” blood. In blood plasma whole blood is filtered to remove the cellular material and fibrinogen. This process artificially RAISES the concentration of alcohol in the liquid-which can lead to a skewed test result.
Blood tests are always taken some time after the driving. Blood alcohol level often rises over time. What can this mean in your y DUI case? What it means is even if the results in your DUI blood test accurately reflects the true alcohol content of your blood, your case can still be successfully defended. This is because all the test result can say is that your blood contained a certain blood alcohol content at the time it was drawn. It doesn’t say what your blood alcohol content was at the time of driving. The two can and often are very different. Remember it is not against the law to have a BAC of .08% or above at the police station when they took your blood. It is only against the law to have a BAC of .08% or above at the time you were actually driving. Because blood alcohol levels change over time, this is a critical point to understand. The prosecutor has to use a bunch of assumptions and circumstantial evidence to “guess-timate” backwards to what he thinks your true BAC was at the time of driving. An expert Fullerton DUI attorney such as Randall T. Longwith can effectively challenge these assumptions and give you the best change at a successful outcome in your DUI case.
Ultimately, blood test results can be successfully challenged. When it comes to issues of blood testing in a drinking and driving case, it’s important to have an experienced lawyer with proven results on your side. Contact Fullerton DUI Defense Attorney Randall T. Longwith for a FREE CONSULTATION today at 714-879-7007.
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