Blood Tests & DUI Defense
Although used less frequently than breathalyzer tests, blood tests may be administered by law enforcement after an arrest for DUI. A blood test is taken by taking a sample of the driver's blood and then testing it to determine the level of alcohol in the blood. Depending upon the level found, a driver may face DUI charges. In California, a driver may not operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater; this level is lower for a driver under the age of 21 or for a commercial driver (0.01% and 0.04%, respectively).
How a Blood Test Affects a DUI Case
You may have been pulled over and arrested for DUI; you may have also submitted to a blood test. If this showed a result above the legal limit, you may now be facing charges for driving under the influence. It is important to consult an attorney as soon as possible.
Even if you failed or refused a blood test, there are ways that an experienced attorney can defend your rights in criminal court and at your DMV hearing. In fact, there are particular arguments your attorney can raise in regard to the administration of the blood test, the handling of the blood sample, and more. Even a refusal to provide such a sample can be challenged.
Possible Challenges to a Blood Test:
- The test was not administered by a trained or qualified individual
- The blood sample was mishandled
- The blood sample was not mixed properly, leading to fermentation
- The blood test kit was expired
- There was a "break" in the chain of custody
Consult a DUI Lawyer at our Los Angeles Firm
At Gold & Witham, our legal team is standing by to see how we can assist you in challenging your Los Angeles DUI charges. With more than 40 years of legal experience and extensive resources to use in defending your rights, we are confident that we can help you seek the best possible resolution to your case. We can review all aspects of your blood test and can conduct an independent analysis to determine whether it was tested properly. Contact us now!