DUI DEFENSE: ATTACKING THE BLOOD TEST

November 23, 2015

BLOOD TEST

After a DUI arrest in Los Angeles, DUI investigating officers (LAPD or CHP for the most part), are required to tell the arrested driver that he has to take a blood test or a breath test.  The purpose of this test is to measure the alcohol in the bloodstream of the arrested driver.  If it is a breath test, you can see the results right away.  If it is a blood test, the results will not be available for several weeks.  The blood test is considered to be more accurate then the breath test, and because the blood is kept by the police, Los Angeles drunk driving attorneys can retests the collected blood later.  The breath sample used to test alcohol level is not kept by the police, therefore, Los Angeles DUI attorneys are unable to verify the breath alcohol results later.

Both blood and breath tests can be inaccurate and often can be successfully attacked by our skilled drunk driving attorney Los Angeles.  For example, breath alcohol measuring machines are known for a margin of error and an inability to determine the actual blood alcohol results because they are incorrectly converting the blood alcohol levels into the breath alcohol levels without properly accounting for the individual variances among different people.  Blood tests can also be attacked by skilled drunk driving attorneys using several different methods.  Los Angeles DUI attorneys can, for example, show an improper preservation of the blood sample or improper storage of the blood sample.

Yet, another method to attack the blood tests that is used to prosecute drivers accused of DUI’s in Los Angeles is to focus on the methods used to test blood samples.  Most government crime labs use technique called “gas chromatography” to determine how much alcohol is present in the blood sample.  The device that measures the presence of alcohol in blood is called “chromatograph” and can be either a “single column” gas chromatograph or a “double column” gas chromatograph”.  The American Academy of Forensic Sciences specifically says that double column gas chromatograph is necessary to confirm presence of alcohol (ethanol).  A single column test is not acceptable method of alcohol measurement and can only be used as a “screening test”.  Second column testing uses a different method of confirming that alcohol is present and it confirms that only alcohol is present in blood and not some other substance with similar “markers”.  Despite American Academy of Forensic Sciences statement, most crime labs continue to use “single column” blood testing, a whole inadequate method for scientific conclusion that is necessary to prosecute crimes of drunk driving.  Skilled DUI lawyers can show to the court, jury or the prosecutor that the method used by government crime lab is inadequate and therefore, the test should not be accepted to prosecute your DUI.

If you or your loved one is arrested for a DUI or DWI in Los Angeles, contact our office for a free consultation.  Los Angeles DUI attorneys are known for their extensive expertise in the area of DUI defense.  We are also well familiar with the judges and prosecutors in the Los Angeles Superior Courts and can negotiate deals many other attorneys can not.  We offer competitive prices, accept most credit cards, and offer great payment plans.  Call our office anytime to talk to an experienced DUI defense attorney.

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