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)