California DUI Blood Test Defenses: What You Need to Know
Getting arrested for a DUI in California can be overwhelming, especially when it involves a DUI blood test. California DUI laws mandate certain procedures during these tests, but errors can happen, providing you with possible DUI defense strategies. Let’s break down these key points immediately:
Key Takeaways:
- Implied Consent Law: In California, drivers implicitly agree to submit to blood or breath tests if lawfully arrested for DUI.
- Title 17 Regulations: Specific rules for how blood samples are to be collected, stored, and tested.
- Defense Opportunities: Errors in handling, contamination, or issues with chain of custody can be challenged in court.
California DUI laws aim to ensure accurate and fair testing, but mistakes do occur. Understanding these processes and potential defenses could be crucial in your case.
Understanding DUI Blood Tests in California
Legal Requirements for a Valid Blood Test
In California, DUI blood tests must adhere to strict legal requirements to ensure accuracy and fairness. These rules are governed by Title 17 of the California Code of Regulations.
Blood Test Procedure and BAC Levels
A blood test directly measures the amount of alcohol in your bloodstream, providing a Blood Alcohol Concentration (BAC) level. For the results to be valid, several steps must be meticulously followed:
- Three-Hour Rule: The blood sample must be taken within three hours of driving to ensure accurate BAC levels.
- Licensed Phlebotomist: Only a licensed phlebotomist can draw the blood.
- Anticoagulant Ratio: The blood sample must contain a specific ratio of anticoagulants and preservatives to prevent clotting and contamination.
- Contamination Prevention: The arm must not be swabbed with alcohol before drawing the blood to avoid contamination.
- Chain of Custody: A documented chain of custody must be maintained from the moment the blood is drawn to when it is tested to ensure the sample’s integrity.
- Refrigeration: The blood sample must be refrigerated to prevent fermentation, which can artificially increase BAC levels.
- Vigorous Shaking: The vial must be vigorously shaken to mix the blood with the preservatives and anticoagulants properly.
- Unique Vial Number: Each blood vial must have a unique number to prevent mix-ups and ensure traceability.
Common Issues with DUI Blood Tests
Despite these regulations, errors can still occur, potentially invalidating the test results. Here are some common issues:
Title 17 Violations
Title 17 sets the standards for how blood samples should be collected, stored, and tested. Violations of these standards can lead to inaccurate results. For example, if the blood sample is not refrigerated or if the preservatives are not properly mixed, the BAC reading could be skewed.
Improper Handling and Contamination
Improper handling of the blood sample can result in contamination. For instance, if the blood vial is not sealed correctly or if the sample is exposed to bacteria, it can ferment and produce alcohol, leading to falsely high BAC levels.
Chain of Custody Errors
Maintaining a clear chain of custody is crucial for the sample’s integrity. If the sample is mislabeled or mixed up with another, it can lead to incorrect results. A notable case involved the Orange County Crime Lab, where two vials had the same printed number but different names, leading to the dismissal of the DUI case.
An alleged second-time DUI offender had a blood test showing a .27% BAC. Upon requesting the blood for retesting, it was found that the vials were mislabeled. This error led to the dismissal of the case, demonstrating the importance of challenging blood test results.
Understanding these requirements and common issues can be crucial for mounting a successful defense. Next, we’ll explore specific defenses like the rising blood alcohol defense and how independent lab testing can be leveraged.
Inland Empire Criminal Defense specializes in DUI cases and can help you navigate these complex issues. Contact us at (909) 939-7126 for expert legal representation.
California DUI Blood Test Defenses
When facing a DUI charge, it’s crucial to know that a blood test result is not the final word. There are multiple California DUI blood test defenses that can challenge the validity of the test results. Here are some key defenses:
Rising Blood Alcohol Defense
The rising blood alcohol defense argues that your BAC was below the legal limit while driving but rose above it by the time the blood test was administered. This can happen because alcohol takes time to absorb into your bloodstream.
For example, if you had several drinks just before being stopped, your BAC may have been lower while driving but higher when tested later. This defense relies on the concept of retrograde extrapolation, which calculates BAC levels backward in time. However, this method has its problems, as it depends on various factors like absorption rates and the time elapsed since drinking.
Case Study: A client was stopped and tested over an hour after their last drink. The BAC was above the limit at the time of testing, but calculations showed it would have been below the limit while driving. This led to a reduced charge.
Challenging the Chain of Custody
The chain of custody ensures that the blood sample has been handled properly from the moment it was drawn to when it was tested. Breaks in this chain can lead to contamination or mix-ups, making the results unreliable.
Errors can include mislabeled vials, missing samples, or improper storage. For instance, if two vials have the same number or names that are close but not identical, it becomes impossible to determine which sample belongs to which defendant. Such errors can lead to the dismissal of the case.
Example: Our law firm recently had a case dismissed because the Orange County Crime Lab could not find the correct vial for retesting. This simple request for the vial led to the discovery of the error and the case being thrown out.
Retesting Blood Samples
An independent lab can re-test your blood sample to verify the results. This process often involves a gas chromatograph, a device used to separate and analyze compounds in the blood. A forensic alcohol expert can provide an independent analysis, which can be crucial if the original test was flawed.
Fact: California law mandates that blood samples must be kept for one year to allow for retesting. This ensures that defendants have the opportunity to verify the accuracy of the initial test.
Example: In one case, retesting revealed that the preservatives used in the original vial were expired, leading to a false high BAC result. This finding was instrumental in getting the charges reduced.
Understanding these defenses can significantly impact the outcome of your DUI case. If you have questions or need expert legal representation, contact Inland Empire Criminal Defense at (909) 939-7126. Our team specializes in DUI cases and can help you navigate these complex issues.
Consequences of Refusing a Blood Test in California
Implied Consent Law
When you drive in California, you automatically agree to submit to chemical testing if lawfully arrested for DUI. This is known as the implied consent law. The law mandates that you must take a blood, breath, or urine test if an officer suspects you of driving under the influence.
License Suspension
Refusing a blood test can trigger severe consequences, starting with the immediate suspension of your driver’s license. California Vehicle Code 23612 states that refusing a chemical test results in:
- First refusal: 1-year license suspension
- Second refusal within 10 years: 2-year license suspension
- Third refusal within 10 years: 3-year license suspension
You won’t be eligible for a restricted license during the suspension period. This can severely impact your daily life, making it difficult to commute to work, school, or medical appointments.
Increased Penalties
Refusing a blood test also leads to additional penalties if you are convicted of DUI. These include:
- Extra jail time: An additional two days in county jail.
- Use against you in court: The refusal can be presented as evidence of guilt in your DUI trial.
Moreover, Birchfield v. North Dakota established that while warrantless breath tests don’t violate the Fourth Amendment, warrantless blood tests do. However, police can still obtain a warrant for a blood test, making refusal futile in many cases.
Administrative Penalties
Even if you are found not guilty of DUI, refusing the test can still result in administrative penalties. The DMV will impose the license suspension irrespective of the court’s decision.
In summary, refusing a blood test in California can lead to severe consequences. It’s crucial to understand these implications fully and consider consulting with a DUI attorney to navigate your options effectively.
If you have questions or need expert legal representation, contact Inland Empire Criminal Defense at (909) 939-7126. Our team specializes in DUI cases and can help you navigate these complex issues.
Frequently Asked Questions about California DUI Blood Test Defenses
Can you refuse a blood test for DUI in California?
Yes, you can refuse a blood test for DUI in California, but there are serious consequences. Under the implied consent law, driving in California means you agree to submit to chemical testing if lawfully arrested for DUI. Refusing the test can lead to:
- License Suspension: An automatic one-year suspension from the DMV.
- Increased Penalties: Additional two days in county jail and no option for a restricted license.
- Repeat Offenses: A second refusal within ten years results in a two-year license suspension, and a third refusal leads to a three-year suspension.
It’s essential to understand these penalties and consult a DUI attorney to weigh your options.
What is the rising BAC defense in California?
The rising BAC defense argues that your blood alcohol concentration (BAC) was below the legal limit while driving but rose above the limit by the time the test was administered. This can happen because alcohol takes time to absorb into your bloodstream.
Retrograde Extrapolation is a method used to estimate your BAC at the time of driving based on the test results and the time elapsed. However, this method has several variables, such as:
- Absorption Rates: Different people absorb alcohol at different rates.
- Food Intake: Eating can slow down alcohol absorption.
- Time Elapsed: The longer the delay between driving and the test, the more your BAC could rise.
This defense can be complex, so it’s crucial to have a knowledgeable DUI attorney who can present this argument effectively.
Can a DUI blood test be wrong?
Yes, a DUI blood test can be wrong for several reasons, leading to false positives or inaccurate results. Here are some common issues:
- Improper Handling: If the blood sample isn’t handled correctly, it can lead to contamination or degradation.
- Contamination: Using alcohol swabs to clean the area before drawing blood can contaminate the sample.
- Chain of Custody Errors: If the sample’s chain of custody is broken, it can be challenged in court. Mislabeled vials or missing samples can also be grounds for dismissal.
- Expired or Incorrect Preservatives: Using expired preservatives or incorrect amounts can affect the sample’s integrity.
In one notable case, a DUI charge was dismissed because the crime lab couldn’t find the correct blood vial. Two vials had the same number but different names, making it impossible to determine which sample belonged to which defendant.
Understanding these defenses can significantly impact the outcome of your DUI case. If you have questions or need expert legal representation, contact Inland Empire Criminal Defense at (909) 939-7126. Our team specializes in DUI cases and can help you navigate these complex issues.
Conclusion
Understanding these California DUI blood test defenses can significantly impact the outcome of your DUI case. At Inland Empire Criminal Defense, we offer expert legal representation tailored to your unique situation.
Our seasoned attorneys specialize in DUI cases and are well-versed in the intricacies of blood test defenses. We employ personalized defense strategies to challenge test results, question the chain of custody, and explore rising blood alcohol defenses.
We know that each case is different. That’s why we provide a comprehensive approach, scrutinizing every detail to ensure that your rights are protected. Whether it’s retesting blood samples or challenging procedural errors, our goal is to achieve the best possible outcome for you.
Don’t let a DUI charge define your future. Contact us for a free consultation to discuss your case and explore your options. Call (909) 939-7126 today or visit our website for more information.
Your path to justice starts here.
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