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How to Win a Los Angles DUI because of Blood Draw

Often, during a DUI investigation, the police will ask a driver to submit to a blood draw. The blood draw will allow the police to obtain a sample of a Los Angeles DUI driver and then, using the blood sample, get results of a blood alcohol level in the blood.

Here, Los Angeles DUI attorney discusses how to win a DUI case when blood is drawn from a person suspected of a DUI in Los Angeles and the results are over the legal limit. If the results are obtained by the Los Angeles DUI protection teams, Los Angeles DUI attorneys can either suppress the results all together or discredit the results so that the judge (or jury) will not believe that they are accurate. In our Los Angeles DUI practice, we find 6 different reasons why a blood results can be suppressed or discredited.

SUPPRESSION:

1. If the blood draw is taken without consent or a warrant, the blood results can be suppressed based on due process violation. A warrantless non-consensual blood draw can be a violation of several cases, such as Schmerber v. California, Missouri v. McNeely, and Birchfield v. North Carolina. To suppress the result of such blood test, a search and seizure motion must be filed with the court.
2. If the blood draw was taken under a threat of jail, it is a violation of Bumper v. North Carolina and is considered a “coerced blood draw” and the results of that must be suppressed.
3. If the blood draw is taken in violation of acceptable medical practices, such blood results can be suppressed when the prosecutor fails to provide a sufficient basis that the blood was not drawn in compliance with Acceptable Medical Practices.

DISCREDIT BLOOD RESULTS:

Most arguments about discrediting blood results have to do with the procedure used to draw blood.

1. Often, the phlebotomist used by the police will be using a cleaning agent which should not be used for forensics.
   • For example, often the phlebotomist will use hydrogen peroxide as a clearing agent before a blood draw. However, hydrogen peroxide can destroy red blood cells, which will release hemoglobin into the plasma and increase the results of the blood test.
   • Also, using peroxide can create oxygen bubbles which can contaminate a blood sample.
   • Although commonly used in the past, because hydrogen peroxide damages tissue, it is not the preferred way to sanitize a wound.
   • California Law, California Code of Regulation, Title 17 section 1219.1(b) prohibits the use of alcohol and other violating organic disinfectant. Since Hydrogen Peroxide is inorganic (because it does not have carbon molecules), Title 17 permits its use, however, the next sentence in 17 CCR 1219.1(b) provides examples of suitable disinfectants, which are betadine and zephriran chloride.
2. When a lab does blood testing, they verify the presence of other substances on a chromotogram, which is a chart where each substance that is present in the blood is separated with different peaks. Obtaining chromotographs will show if the blood sample was contaminated and has bacteria, which can produce alcohol and affect the sample results.

For any specific Los Angeles DUI questions or if you are arrested for a DUI in Los Angeles, Orange County, Kern, San Bernardino, Riverside, or Santa Barbara, contact our office for a free consultation. To reach Criminal Defense Attorney or Los Angeles DUI attorney directly, please call 323-464-6424.

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