While many police officers will first ask a suspected drunk driver to submit to a breathalyzer test, he or she may also take the suspect to the hospital or police station to obtain a blood sample. Blood samples can be critical to DUI cases, both for the prosecution and the defense. However, they tend to be less accurate. This is due to the amount of time that lapses between driving and the time a blood sample is obtained. If you submitted a blood sample in your DUI case, here’s how you can defend yourself.
Integrity of the Collection Process
The collection process should be performed by a trained medical professional well-versed in sterile, safe blood sample collection. Obtain the name of the person drawing your blood and their credentials. Also write down the name of the facility you are at and the time and date of the collection. Provide this information to your attorney. This will help determine if there are any discrepancies in the person’s professional ability to obtain a sound sample.
Chain of Custody
For a blood sample to be considered viable, it must follow a prescribed chain of custody. There must be documentation that outlines where the sample was, who it was with, and when. The chain of custody should remain unbroken. If there is any period of time when the blood sample’s location or possession cannot be ascertained, present this to the court. Often, blood samples may be omitted from court if there’s a break in the chain of custody.
The Specific Lab’s Rate of Error
You’ll want to find out where your blood test was taken and what processes they use to test samples. Not all labs use the same process and each process has its own rate of error. Ask your attorney how to obtain this information and if it can be useful in your case. For example, if the lab used to test your sample has a high rate of error, the sample may be questioned. It could even be omitted from court.
Contact Sacramento Criminal Defense Lawyer Jennifer Mouzis Today
If you’ve been arrested for a DUI, don’t hesitate to get comprehensive legal representation. California DUI law is strict and you simply cannot afford to gamble with your future. Contact a lawyer at our office today for a consultation at 916-822-8702.