Blood Test Evidence: Los Angeles DUI Defense Laws

Driving under the influence DUI charges, in violation of Vehicle Code Section 23152(a) and 23152(b), are typically prosecuted when your Blood sample tests .08% or greater for alcohol concentration in the police forensic laboratory. The chemical testing of you blood must be done in an accurate manner for the evidence to be credibly introduced in court.

Our Los Angeles DUI Attorneys will research and analyze your case facts to determine if proper testing procedures were used. In some cases, police laboratory procedures lead to improper and inaccurate results of blood alcohol concentration. For example, if a lab technician used a rubbing alcohol swab to disinfect the spot on the body from which blood was drawn, the amount of alcohol in the sample may be exaggerated and lead to a false representation of your body’s true blood-alcohol concentration

The firm’s Drunk Driving defense attorneys have previously contested the validity of blood test results based on the following legal and factual analysis:

• Was sufficient preservative used to ensure that the collected blood was properly stored?
• Was the vial wherein blood was stored clean, without any contaminants?
• Was there any contamination on your skin at the time the blood was drawn?
• Did the person shake the vial after adding your blood and the anticoagulants/preservatives? The chemicals must properly mix with the blood to ensure optimal preservation.
• Was the blood stored in a manner to avoid contamination?
• An error in the analysis of the results might have occurred! By conducting an independent analysis, we will be able to determine if the initial test reflects the actual alcohol content.

We employ a top forensic toxicology lab to retest the blood sample, which has proven extremely useful in reducing DUI charges in many cases. In some cases we have raised reasonable doubt about the blood evidence in the case, despite the tests performed by law enforcement. Further, if you have a medical condition such as diabetes, this physical condition may show the blood-alcohol reading to be inconsistent with your actual alcohol consumption.

Contact Kestenbaum, Eisner & Gorin, LLP, and one of our experienced Los Angeles DUI defense attorneys will immediately speak with you about the most aggressive defense approach and strategies available in your case.

Call 877-781-1570 now. We promise an Immediate Response to your inquiry 24/7! For clients’ convenience, we have numerous offices in Los Angeles County, including Van Nuys (the firm headquarters), Pasadena, Burbank, Ventura, Glendale, Whittier, Long Beach, LAX, Torrance, Century City, Beverly Hills, and Hollywood.