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Our Experienced DUI Defense Lawyers Explain

Posted by Christopher Martens | Jan 31, 2024 | 0 Comments

Due to the state of California having an Implied Consent law as does the rest of the U.S., if you are a driver suspected of driving under the influence (DUI) anywhere within the state, you have little choice but to submit to chemical testing if asked by the arresting officer to do so. Refusing to submit to a Breath and/or Blood Test during a California DUI investigation will only further complicate your and your DUI attorney's chances in court.

If you have recently been involved in a traffic stop in or near Visalia, California, which subsequently led to your being charged with a DUI in California, you might be under the impression that the evidence obtained by the arresting officer and police department, such as the Blood Test results, leave you little option but to enter a plea of guilty and accepting the consequences that follow a California DUI conviction.

Nothing can be further from the truth! While the name alone, “Forensic Blood Test Evidence” might sound far too oppressive for anyone to even attempt to challenge its validity, the truth is that California DUI Blood Test results are often as inaccurate and unreliable as any other form of evidentiary evidence. In some cases, even more so.

DUI Blood Test Collection

Unlike Field Sobriety Tests which can be administered by any officer who has received the proper training and classroom studies, or DUI breath testing equipment which – though complex – can be given by police officers who are certified in their maintenance, calibration, and operation; California DUI blood test can only be collected by a state licensed medical technician or professional.

DUI blood test requires having the subject accept an invasive and intrusive procedure performed upon them in which a blood drawing needle is intravenously inserted into one of their blood veins. When properly inserted, 2-3 vials of blood are collected.

One is submitted for testing, and the data obtained is to be used as evidence of the subject's BAC percentage, and the others are stored for either a secondary sample in the event the first becomes contaminated or unusable, another in the event the subject and/or their attorney wishes an independent laboratory test to either confirm or discredit the validity of the police requested evidentiary blood test.

Quite often, human error on the part of the medical professional can quickly render any DUI blood test BAC results inaccurate, unreliable, and inadmissible as evidence. Improper handling of the sample, collecting or storing the sample in an unsanitary or inadequately sanitized container, and perhaps even the allowing of foreign substances to enter into the testing area causing cross-contamination consistently creates issues with the reliability of DUI blood tests throughout California. Recently, blood test results obtained and used in the conviction of over 2,000 DUI defendants in Orange County, California have now been found to be inaccurate, and unreliable, and their validity is now in question.

Compromised DUI Blood Samples Common

The truth is, not only do blood tests used to collect DUI evidence often prove to be inaccurate due to human error, but the machines used in the testing of the samples are more likely to cause suspicion as to the sample's validity. Just the slightest tenth-of-degree in percentage of concentration can be the difference between your BAC result being .07 or .08 which, as you know, is the difference between your being allowed to call for a ride home or your spending the night in jail for DUI in Visalia, California.

Your Visalia, California DUI lawyer will not only aggressively challenge blood test samples collected after your DUI arrest, but also vehemently argue the numerous factors that often result in their being inaccurate, unreliable, and completely invalid.

A DUI attorney who is extraordinarily skilled in the process, and procedures, as well as the potential inadequacies of blood test results, will also know that some blood samples collected then stored inappropriately can even create circumstances that promote fermentation. Fermentation of the blood test will cause alcohol to be produced inside the sample itself!

It is imperatively in your best interest to seek the legal advice and counsel of an experienced DUI lawyer who is an expert in defending clients in Visalia, California DUI cases. If you or someone you know has recently been incarcerated for a DUI and are unaware of your rights and/or how a Visalia DUI lawyer can help you avoid the potentially harsh penalties following a California DUI conviction, please do not hesitate any further. Call or come by the offices of Visalia DUI attorney Christopher Martens today!

While many might be unaware of alcohol's effects on the human body and its absorption rate over time, most might be shocked to realize that depending upon their body's rate of absorption and other physical and/or clinical factors, it is highly plausible for an individual to have a blood alcohol content/concentration (BAC) of .08% or higher, several hours since their having their last drink.

If you or someone you know has recently been charged and/or arrested for driving under the influence (DUI) in or around Visalia, California, there are various circumstances surrounding your DUI arrest your attorney might choose to challenge depending upon your best interest. After investigating every aspect of your arrest, your California DUI attorney might choose to challenge probable cause, blood alcohol content (BAC) results, or perhaps even any of your rights that may have been violated during your arrest and detainment.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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