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Re-Testing of Blood Alcohol Evidence.


People arrested for DUI are often surprised by their blood alcohol results. It is common for DUI lawyers in Orange County and Los Angeles to hear that their client only had a couple of beers, but the blood alcohol results register significantly over the limit. This can be explained in a number of ways (including, but not limited to the client's selective or impaired memory), but the only way to be sure is to re-test the sample.

In order to re-test a blood sample it is necessary to obtain a written order signed by a judge for the release by the crime lab, of a portion of the blood for independent analysis. This is often referred to as a “blood split”. In orange county, the blood split order is obtained from a deputy district attorney on their standard form as opposed to a judges order.

The order is then given to an independent toxicologist retained by the defense attorney. Most experienced dui attorneys in Los Angeles and Orange County work with a toxicologist on a regular basis and have an existing working relationship. The toxicologist then obtains a portion of the blood sample for re-analysis. Re-testing of blood alcohol evidence in DUI cases therefore requires an attorney and a toxicologist.

We refer our blood splits to Henry S. Greenberg who is a very experienced and respected toxicologist. Mr. Greenberg checks the sample for accuracy by performing duplicate analyses, and also checks the level of preservative. He is also able to perform a bacterial culture on the sample to see if there has been any bacterial growth.

If you have been arrested for DUI and you are interested in having your blood sample re- tested, please contact Gold & Witham at 562 938 7771.