Blood Test Defenses

California DUI Blood Test Defenses

Blood Tests may be successfully defended in your DUI case by the San Diego DUI attorney. 10 examples:

• Untrustworthy BAC record not timely and properly made at or near time of blood analysis
• Failure of proper prosecutorial witness – such as criminalist or toxicologist – to lay foundation at hearing
• Unqualified blood test analyst
• Blood drawer not authorized by law
• Improper or inadequate procedure during blood draw
• Failure to comply with Title 17 Administration standards (failure to mix blood with preservative and anticoagulant, for example)
• Clotting or coagulating
• No chain of custody of blood sample
• Contamination (e.g. swabbing skin with alcohol)
• Fermentation: formation of alcohol in blood tube after draw and before analysis (e.g. insufficient/incorrect preservative & extraordinary delay between draw & test)