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Los Angeles DUI and Blood Fermentation

Blood Testing for DUIs in Los Angeles: Understanding Its Accuracy and Potential Inaccuracies

If you are arrested in Los Angeles on suspicion of driving under the influence (DUI), an officer will conduct a chemical test such as a blood test or breathalyzer test. While both tests aim to evaluate an individual’s blood alcohol concentration (BAC), the blood test is considered more accurate as it uses advanced tools and can detect other drug metabolites in the bloodstream. For this reason, many police departments will request a blood test for individuals they suspect of driving under the influence. However, it is crucial to note that the blood test results can be challenged in court, and this article will delve into some factors that can alter the accuracy of these test results.

Blood Testing in Los Angeles for DUIs

When you are pulled over for a DUI in Los Angeles, the officer will ask you to take a chemical test to determine your BAC. Refusal to take these tests can lead to severe consequences that will significantly impact your case. If you take a blood test, a trained medical staff member can perform it in the police station or take you to a local hospital. It is crucial to note that you may refuse to take the test; however, the officer can obtain a warrant to get you tested.

Does a Blood Test Always Stand up in Court?

To prove that you were guilty of driving under the influence, the results of the blood sample must be presented in court as crucial evidence. However, as mentioned earlier, there are factors that can question the integrity of the blood test results. An experienced Los Angeles DUI attorney is familiar with the primary factors that can impact the accuracy of the blood sample results. If your DUI lawyer can prove an error in the way the test was administered, they might provide reasonable doubt in the mind of the judge or jury at trial.

Blood Fermentation

When blood is taken out of the body and left in room temperature, it will begin to decompose through the bacteria and enzymes in the blood, leading to a fermentation process. Unfortunately, if blood samples awaiting testing are sitting out in the open or there are backlogs of samples, they might not be stored correctly, resulting in inaccurate test results. The fermentation process leads to an increase in BAC levels, and a blood sample that initially tested negative (0 BAC) can end up having a .25 BAC reading after decomposing. Proper care should be taken to refrigerate blood samples to slow down the decomposition process. Adding a preservative like sodium fluoride can also delay the decomposition process of the blood. If a blood testing laboratory fails to use the proper care of refrigeration and added preservatives, the test results’ integrity can be challenged.

Other Factors That Can Mislead a BAC Reading

The type of test a laboratory uses, together with the amount of preservative used, can impact the BAC level results. Some tests like chromatography analysis require adding more than 20 milligrams of sodium fluoride as a preservative, leading to much higher BAC reads than the actual concentration found in the blood sample. Although some laboratories use a strict standard of 20 milligrams of preservative for mixing with the blood sample, it might not be enough to stop the entire decomposition process, leading to a BAC reading higher than what’s in the blood sample. Also, the anticoagulants used to test the sample can alter the BAC level, leading to incorrect blood test results.

Conclusion

If you have been arrested in Los Angeles on suspicion of DUI and required to take a blood test, it is crucial to understand that the blood test results can be challenged in court. To ensure that you get a fair hearing, it would be to retain a skilled Los Angeles DUI attorney who understands the law and knows how to question the accuracy of the test results to create reasonable doubt in the minds of the judge or jury. Our team of aggressively skilled attorneys at Spodek Law Group led by Todd Spodek has decades of combined experience handling DUI cases in Los Angeles and can help you fight the charges against you. Contact us today for immediate legal representation in your case.