Los Angeles DUI and Blood Fermentation

Los Angeles DUI Attorney

Blood TestWhen a defendant is arrested on suspicion of driving under the influence, he or she will be asked to submit to chemical testing. They will be provided a choice of a breath test that can be completed at the police station using a Breathalyzer device or a blood test that would be conducted at the station or at a hospital where a blood sample would be withdrawn and would be subject to analysis. The blood test is often considered to be the more accurate form of testing, however there are several issues that can be used to challenge the integrity of blood testing.

How a blood sample has been stored and cared for is critical to the integrity of the sample. Many crime labs have backlogs of samples to analyze and as a result blood samples may be left out in the open for days before being processed. However, because a blood sample is composed of organic material, it will begin to decompose as a result of enzymes and various bacteria. When blood decomposition occurs, the sample ferments and alcohol is created in the blood. In fact, a scientific study showed that a blood sample containing no alcohol can ultimately produce a BAC result of .25 percent or higher after decomposition has occurred.

Because of this, most properly stored blood samples will be kept refrigerated. It is important to remember that refrigeration will not prevent decomposition, but will delay the process. In order to prevent the blood sample from decaying and producing alcohol, it is necessary to add a preservative such as sodium fluoride to the blood sample. If the lab failed to store the sample properly or failed to add a preservative, the defendant may be able to challenge the integrity of the blood sample.

Most labs use test tubes containing 20 mg of sodium fluoride as a measure to preserve the integrity of the blood sample. Some scientists have challenged whether this is a sufficient amount of preservative to ensure that fermentation does not occur and have suggested that at least 100 mg of sodium fluoride should be added to a sample. However, when sodium fluoride is added to a blood sample, the reported blood alcohol level can go up in labs that use gas chromatography to analyze the samples. The amount of alcohol detected can increase by approximately 9% in these situations.

The risk of blood fermentation will depend on the type and amount of preservative used, the length of time that a blood sample is stored and the temperature at which a sample is kept. Fluctuations in storage temperature have been shown to significantly increase the risk of blood fermentation. Even in blood samples that contain sodium fluoride preservative, Candida albicans can be produced. Candida albicans is a microbe that is most commonly responsible for alcohol production in stored blood samples, even those that contain preservative, when the sample is left at room temperature for an excessive amount of time.

Whenever a blood sample is collected, an anticoagulant is typically added to the sample to prevent the sample from coagulating and being unusable. The type of chemicals and solutions used in the anticoagulant may also affect the alcohol content in the blood sample.

Once the blood has been analyzed, the sample will be stored as evidence. The defendant can request a blood split that would allow part of that sample to be sent to a laboratory for independent testing. However, it is important to remember that any fermentation or decay that may have occurred would be still be present in the sample released to the independent lab and may therefore produce a similar BAC result when retested.

If you have been charged with driving under the influence and have provided a blood sample for testing, it is critical that you discuss your case with a Los Angeles DUI Attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Attorney Michael Kraut understands the science behind DUI blood analysis and knows how to effectively challenge blood test results. Mr. Kraut often works closely with top experts in the field to ensure his clients are properly defended.

For more information about DUI and blood fermentation, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs!
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire.
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Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny.
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer.
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Daniel Lepervanche
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us.
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