Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Learn Why the Results from a DUI Blood Test Might Not Hold Up in a Court

When a person is required to take a blood test to check their level of intoxication, they might assume that they have no options to fight a DUI charge. The truth is that just because there is blood evidence against you does not mean that you will be convicted. For example, it might be that the results will not hold up in court for one of the following reasons.

There Was a Lack of Sterilization

In order for the results to be applicable, the blood must have been collected with sterile equipment. In addition, the draw site must be sterilized – and the agent used for sterilization cannot contain alcohol or volatile cleaning agents. If any of these were not sterilized, or if alcohol was used to do so, then the results might not be accurate or admissible.

The Wrong Person Performed the Test

The law requires that only authorized personnel complete these blood tests, such as specially trained technicians. If someone else who is not properly trained completes the blood test, then there is no way to know if they followed procedure and did the sample correctly.

There Was Not Enough Coagulant and Preservative in the Vial

It is not enough for the prosecution to have a vial of your blood – the blood must also have been properly prepared and stored. This generally means mixing it with coagulant and preservative – and the right amount of both substances. If this is not done then the blood that remains will not be accurate for testing and should be thrown out.

Even if the blood has already been tested, you have the right to your own independent testing. If the blood was not properly preserved, then you do not have this option and therefore your rights have been violated. The only reasonable response is for the judge to deem the blood evidence inadmissible.

It Was Not Correctly Stored

Just as it must be prepared correctly, the evidence must be stored correctly. It needs to be in a clean, dry container. It needs to be closed with an inert stopper. It must then be stored within the right temperature limits. If any of this is not done, then the blood cannot be relied on and should not be admissible.

You Need the Help of a Criminal Defense Attorney

All of the above is true, but unfortunately it is not as simple as pointing to the facts and assuming the case will be thrown out. You need an attorney who can file the right paperwork, make the right arguments, and provide the right evidence. You need Law Office of Michael L. Fell. Call us now at (949) 585-9055 if you would like to request a free legal consultation.