Challenging blood tests
Effective Defense Against Blood Test Results
Blood tests are not absolute. Many factors can cause an incorrect result — and negative consequences for you as the defendant. At Earl E. Conaway, III, A Professional Law Corporation, in San Luis Obispo, we are aggressive in our analysis of blood test evidence. If the blood test data is wrong, you should not be convicted of driving under the influence.
Your Options To Challenge Blood Tests
When you face DUI charges, you can take many steps to challenge a blood test — and our Cal Poly DUI lawyer can help. You can have the blood analyzed by an independent lab of your choice. This lab can retest:
- The quantitative value (amount) of alcohol in the blood sample
- Blood type to confirm the blood tested is actual your blood
- Level of preservative in the blood
Re-testing a blood sample is only one weapon in your arsenal against the blood test result. As with a Breathalyzer test, the state has to follow specific procedures for the blood test to be legal. As your law firm, we will analyze:
- Licensing: Whether the blood lab was properly licensed
- Staff: Whether the person drawing the sample was qualified
- Methods: Whether alcohol was used to clean the skin where the sample was taken
- Preservation: Whether the blood was mixed with an anticoagulant and preservative
- Storage: Whether a sample portion was retained for the defendant to test independently
Challenging a blood test is no simple matter in California — but we can help. Contact us so you have the services of an experienced defense lawyer.
Warrants to Obtain a Forced Blood Draw
In California, courts believe that by signing your driver’s license you are impliedly consenting to a chemical test to determine if you are under the influence of alcohol or drugs while driving. If you refuse this test, the police may attempt to force you to submit to a blood draw. If this happened to you, you need an attorney who knows how to protect your rights.
We are available to discuss your case and your particular needs at a free initial consultation. Please call us at 805-546-8797 or