San Diego DUI Defenses - Blood Test

DUI Defenses - Blood Tests Of all the methods of determining your guilt or innocence in a San Diego DUI case, direct chemical testing of a blood sample is the most accurate, and therefore usually the most damning evidence. There are more ways of attacking the accuracy of a breathalyzer test in court than ways to attack a blood test.

However, mistakes are often made in the collection, storage and testing of blood samples, and the good thing about your Blood/Breath Alcohol Content (BAC) being determined from a blood sample is that your San Diego DUI lawyer can obtain that sample and have it tested at an independent laboratory.

Possible defenses against a BAC of 0.08% or higher are: Insufficient amounts of Sodium Fluoride preservative in the vial used to collect the blood sample can cause further fermentation of the alcohol, resulting in a higher BAC reading.

An unqualified lab technician tests the blood sample or an unqualified blood technician draws the blood. The blood isn’t stored properly, leading to clotting and coagulation of the sample.

San Diego crime labs can be very busy, leading to many clerical and administrative errors. The chain of custody of the sample may be improperly documented or DNA testing of the blood can prove that the sample has been mixed up with another one and it isn’t your blood.

The blood sample can be contaminated by an outside source as a result of swabbing the skin with an alcohol based swab such as Zephiran.

The Gas Chromatograph device used by the lab may not be properly calibrated or maintained according to California state law. Your San Diego DUI attorney can ask to see the appropriate documents to ensure this.

These and many other possibilities can be explored by a qualified San Diego DUI lawyer on your behalf, greatly increasing your chances of beating your DUI charge.