blood alcohol tests for dui

Blood testing for determining BAC is considered to be a more reliable science than breath testing for DUI, although it is still subject to error by contamination, chain of custody mistakes, fermentation, procedural violations, faulty or improperly maintained equipment practices, to name just a few potential reasons a specialized DUI lawyer may identify and attack .

In San Diego DUI cases, any and all blood samples stemming from a DUI arrest that measure below .08% Blood Alcohol Content are automatically re-tested for the presence of drugs. Keep in mind, there is NO established level of impairment concerning drugs and driving in California. What this means is the California DMV lacks the authority to suspend the drivers license of an individual based solely on a positive drug test result, when the blood alcohol level is below .08% for adults over 21 years of age (with no prior DUI convictions or conditions).

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By driving a vehicle in San Diego, you are automatically agreeing, by default, to "implied consent", or consenting to submit to a chemical test for alcohol or drug content if arrested for DUI by a San Diego Police Officer.

Minors under the legal drinking age of 21, must consent to a chemical test, as well as preliminary breath and/or field sobriety tests without the condition of arrest, when required by law enforcement.

When California Laws refer to "Alcohol Content" or BAC, the legislature addresses the number of grams of alcohol present per 100 milliliters of blood in the person's system. A BAC of 0.10% would mean that the person has 1/10 of a gram of alcohol per every 100 milliliters of blood. So when it comes to San Diego's legal limit of 0.08%, we are only talking about a small amount of measurable alcohol.

Typically, when chemical evidence is admitted for use by the prosecution in a San Diego DUI Case, there are more ways to attack the accuracy of a breath test than a blood test. Blood testing involves taking a sample of blood and directly measuring the alcohol content. A blood test also measures for the presence of prohibited drugs and their metabolites in your system.

Challenges to the accuracy, validity, and ultimate evidential admissibility are available, and if successful, may result in dismissal of the DUI charge, reduction to a less serious offense,winning against a license suspension, or creating enough reasonable doubt for a Jury acquittal.

San Diego DUI attorney Cole Casey employs the use of extensive discovery from the crime laboratory, often demanding a defendant's blood sample from the arresting agency to submit for re-testing at a trusted independent toxicology lab.

Gas chromatograph calibration, equipment maintenance, and repair records can reveal startling problems when closely examined by a DUI specialized lawyer.

Neglect and nonadherence to strict and timely equipment upkeep and implementation requirements may violate scientific standards and thus fail to meet California evidential law requirements.

The methods and techniques implemented during the course of blood sampling must adhere to meticulous procedural rules, including "chain of custody" requirements, adequate and current certification by the phlebotomist drawing the blood, appropriate storage and temperature conditions, among other criteria.

The collection, handling, testing, and storage specifics surrounding your blood alcohol test must be "airtight" in adherence to standards and policy by law enforcement personnel.

When a San Diego DUI case involves blood test results as evidence, you are legally entitled to a portion of the blood drawn at the time of your arrest.

Defense Attorney Casey routinely orders defendants' blood samples for re-testing. When an independent toxicology report varies substantially from the BAC results provided by the crime lab, a very legitimate argument exists as to the reliability of the State's evidence.

If the government's crime lab fails to produce a portion of the blood sample for re-examination, their own blood alcohol test results should not be admitted as evidence against you.

Keep in mind, no evidence...no case.

In your defense, we often consult and employ expert toxicology witnesses, reports, and testimony when applicable, to dispute the validity and reliability of blood test results on a case by case basis.

1. The law in San Diego requires that your blood is drawn by a licensed professional; that in fact is sometimes not the case.

2. Was your sample properly preserved (i.e., properly refrigerated)? This is critical because of the specter of fermentation which could increase the alcohol level in the sample to be tested.

3. Is the "Chain of Custody of the sample properly documented? Crime labs routinely analyze multiple samples drawn from a group of individuals in the same time frame.

4. Did a qualified and currently licensed lab technician perform the analysis in the presence of a qualified Supervisor?

5. Was the Gas Chromatograph device properly calibrated, maintained, and repaired according to California State law and the terms of the lab's license? What do the lab records reveal regarding upkeep, certified maintenance checks, and volume of tests performed (wear and tear) on that particular machine?

6.Did the crime lab technician properly mix the blood sample with the anticoagulant and preservative, as described in established scientific policies?

7.Did the crime lab technician swab your skin with alcohol prior to needle insertion? Alcohol is not to be used for sterilization of the test area, as it can elevate BAC

8. Were the records prepared properly and in a timely manner? Does the reporting method meet the established legal ad scientific requirements to be deemed trustrworthy? Can the crime lab provide adequate documentation?

9. Did the laboratory take the appropriate measures to prevent fermentation of your blood sample by ensuring a sufficient amount of sodium fluoride preservative? Or was your BAC level artificially raised due to neoformation due to delayed analysis?

10. Blood tests are always taken some time after the defendant's alleged driving and stated reason for "probable cause". As it is an established fact that alcohol levels rise and lower over time, what can this mean in your San Diego DUI case? How do you find out?

Caifornia Code of Regulations Title 17, stemming from Health & Safety precautionary measures, authoritatively governs and regulates the practices of the DMV, criminal courts, and law enforcement in regard to the procurement of blood for DUI testing.

Public health sections §1215 - §1221 are specifically applicable to forensic alcohol analysis procedures and protocol.

Failure by any person or method administered in the course of blood retrieval and handling, that falls below the rules set forth, should be cause to invalidate the legitimacy and admissibility of results obtained due to an improperly executed blood alcohol test.

§1219.1. Blood Collection and Retention. Assuming the test subect is alive (as opposed to a person involved in a fatality accident), section §1219[a] specifies a sample should be obtained as soon as possible following the act of driving.

If, when arrested, you were subjected to any delay or processing prior to provision of your blood (or breath sample), you must inform your attorney of the potential that improper timing affected the accuracy of your BAC results.

§1219[b]ensures the subject's right to request a portion of the blood collected for alcohol analysis is upheld. This section designates that the volume of blood drawn substantiate providing the individual tested with enough of their own blood to be tested by an independent toxicology lab.

§1219[c]The phlebotomist, or otherwise licensed lab technician, should NOT use alcohol or any other volatile organic compound to disinfect the subject s skin prior to injection. Disinfectants such as zephiran or aqueous merthiolate are to be used INSTEAD of alcohol based products.

§1219[d]Alcohol, or alcohol based products, should not be used for the sterilization of re-usable instruments. The needle used for blood extraction should be dry and sterile.

Just because a blood vial contains the proper amount of preservatives and anticoagulant formulas, does not ensure that the lab tech properly mixed the blood with the solution, therefore, your lawyer should examine whether this procedure was effectively administered. If the lab person did not thoroughly mix (or shake) the blood specimen vial, the results of the test could be compromised.

Phlebotomist:A nurse or other health worker trained in drawing venous blood for testing.

G. Cole Casey heads the top San Diego drunk driving defense firm. As a well known San Diego DUI lawyer, his proven track record and DUI Jury Trial Case Results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty four hours a day at  (619) 237-0384  or  eMail Cole directly   now to discuss a legitimate and effective defense strategy for your driving under the influence case.