When a driver is pulled over in California and the police officer suspects that he or she is under the influence of drugs or alcohol, the driver can choose to have either a blood or breath test. These tests are designed to determine the driver’s blood alcohol content (BAC). Readings of more than .08% will result in a driving under the influence (DUI) charge. Here’s what you need to know about a DUI blood test California.
A good DUI lawyer will always raise concerns about DUI blood test accuracy. The readings received on these tests can vary from your actual blood alcohol level by between 4% and 10%. This means that even though the test says you were driving under the influence, your actual BAC may have been well below the legal limit.
External factors can also affect the accuracy of a DUI blood test. For example, if the skin is swabbed with ethyl alcohol by a technician before the sample is drawn, it could cause a falsely elevated reading.
A blood test to screen for DUI must be administered according to certain state regulations. The test must be performed by a licensed medical technician, properly combined with preservative and anti-coagulant solutions, labeled correctly and stored for at least one year.
You have the right to seek independent lab testing of your BAC blood test results. These independent findings are admissible in court and may prove your innocence in a DUI case. The DUI blood test results time is usually about four to six weeks, so make sure to plan accordingly when it comes to your court date.
If you’ve been charged with a DUI in California after submitting to a blood test, you need the advice of an experienced lawyer for reckless driving. He or she can gather the necessary evidence to advocate on your behalf for lower penalties or even case dismissal.