Los Angeles Blood Tests
Many people arrested for a DUI in Los Angeles and Southern California choose to take a blood test. Blood tests in California are generally treated uniformly. It does not matter if you are arrested for a DUI in anywhere in Southern California, law enforcement is supposed to handle blood samples in exactly the same manner. However, that does not always occur. The police may force you to give a blood sample against your will. In DUI cases in which a blood sample has been taken, Attorney Michael Kraut, a Los Angeles DUI attorney, will be able to investigate the methods used to draw the blood and test the sample and if there is an irregularity, attack the evidence. In many of these cases the blood sample can be suppressed by the court after a full evidentiary hearing.
The blood is removed from a vein from the DUI suspect. It must be removed by a qualified technician. Then the sample must be properly identified, handled, transported, tested, and then the test results must be accurately reported. Each of these steps leaves open the opportunity for errors to occur. In most cases the police will not tell the prosecutor of these errors. And if the prosecutor knows of these errors he may not inform the court of these errors. As a former DUI prosecutor, Michael Kraut has inside knowledge of where the errors may occur in the testing.
How Is Your DUI Blood Sample Tested?
After the sample is taken, it is placed into a container with special chemicals inside. These chemicals stop the blood from clotting and preserve the sample until it can be tested. Very technical tests are run on the blood using one of three methods. The results are then returned to the law enforcement agency that requested the blood draw.
How You Can Attack the Results of the Blood Test
Many people think that the removal, handling and testing of the blood sample is infallible. This is not true. However, of all of the testing methods, blood is the most reliable. But this does not mean that they are infallible. Lack of a sterile atmosphere, improper or a lack of preservatives, or a failure to refrigerate the sample at the correct temperatures may result in inaccurate results.
In some cases, the police rush to get a sample and the person drawing the blood is not properly licensed and trained. Or they use alcohol on the skin immediately prior to taking the sample thus contaminating the blood. Afterward, the blood vial must be handled properly. On busy nights, law enforcement may arrest multiple suspects. In those instances multiple DUI blood samples from different suspects increases the risk that samples are “mixed-up.” The prosecution must also be able to prove the “chain of custody” of the evidence to ensure that no mistakes were made. Finally, the prosecution must prove that the machines were calibrated and working properly and that the blood sample was of a sufficient amount to test.
If you have been arrested or charged with a DUI offense in the Los Angeles or Southern California area, Michael Kraut understands the serious nature of this offense and the defenses to this charge, how best to defend you and resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.
For more information about the various defenses for your DUI case, and to schedule your free consultation contact Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.