CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI, Whole Blood vs. Serum Analysis

Driving under the influence of drugs and alcohol is considered a terrible offense by Spodek Law Group, and many other parties. To assess whether a driver is impaired, breath and blood samples are taken. A breath test is quick and straightforward, while the blood test is more accurate. Drivers have the option to choose either test, but the blood test takes more time to process and release results.

Blood samples in DUI cases are analyzed as a whole without separation. Whole blood sample tests are considered better because they have lower blood alcohol content, estimated to be about 11% less than serum samples. In contrast, serum samples’ blood level content is estimated to be higher by an 11% margin.

It is essential to know what type of blood analysis was used in a DUI case. Whole blood analysis is the preferred method in non-medical circumstances, as it is admissible in court. However, serum analysis may be helpful if the defendant was brought to a hospital or medical facility. Serum analysis is considered most accurate. It is the preferred method when it comes to medical cases due to fluctuating alcohol distribution in the sample.

The differences between serum and whole blood analysis are vital for defendants whose BAC is at or close to 0.08%. If a defendant’s serum sample shows results of 0.09%, whole blood analysis could lead to a reading of 0.07%. In this case, the defendant is not criminally liable for driving with a blood alcohol content of 0.08% or higher, which amounts to violation of the California Vehicle Code Section 23152(b) VC.

Contact a DUI attorney from Spodek Law Group immediately if you’ve been charged with DUI. These lawyers work with laboratory s to ensure their clients’ comprehensive defenses.