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May 26, 2017 | admin Los Angeles DUI Blood Split Orders
When a driver is arrested due to the intoxication of drugs and alcohol chooses to participate in the blood test, the sample is sent to the criminal lab to ascertain his intoxication level in the toxicology analysis. However, the law stipulates that the sample blood should be set aside for purposes of future reference. In this case, they can use the remaining as part of the evidence. The defense, at a later date, can request to have this remaining sample. In this case, it is referred to as blood split. In many occasions, you can prove that the lab conducted an unreliable or faulty examination when you test the blood split.
When a suspected person is arrested for driving under the influence of drugs and alcohol, the police will give you a choice to take the blood test and the breath test. If the driver in question is suspected of driving the vehicle under the influence of drugs, there is no breath test for such a conviction. In this case, the only available tool to measure the level of alcohol in the blood system is the blood test. The breath test available does not determine the level of drugs in the person. If the drive refuses to conduct the test, the driver will be charged with a DUI coupled up with a refusal to take medical examinations. He will also carry the enhanced penalties where his driving license is suspended for the remaining part of the year. Law enforcement agents will perform a forced blood test for the unconscious patients to obtain the sample in the case when the drier refuses to take the sample. In certain situations, the law allows this action because you can’t obtain a forced breath test.
The blood sample, in this case, is sent to the criminal lab to undergo testing. Because the law enforcement agencies can misplace the blood sample, they are prone to making errors in their results. Faulty results are expected from this action. Labs and law enforcement agencies often receive many blood samples in one night. For this reason, these samples can get mixed up. Past incidences also show us cases where the blood samples are mixed with lab components to give us an incorrect analysis of the blood. When the blood samples are stored without the correct preservatives or at the incorrect temperature, the sample ferments to create its alcohol that results in false results.
Moreover, labs conduct a qualitative analysis to determine the particular drug used in the blood sample. For this reason, they may also not conduct a quantitative result to determine the amount of drug used in the blood system. In such cases, some of these drugs present in the system are so insignificant to cause impairment.
Because of such issues, the law allows the defendant to conduct their independent tests on the blood split. The costs generated from testing the blood split sample will be levied on the defendant. In this case, there are many labs in the city to help you conduct an effective test.
The defendant’s lawyer will request the judge to release the blood split directly to the independent lab. Obtaining the blood sample from the court is imperative. The court will impose sanctions if the law enforcement agency fails to provide the blood split. Many things will be revealed about the original sample by the independent analysis. If there was no enough preservative in the blood sample, the case could be dismissed.
If you took a blood test and are arrested for DUI, it is imperative to seek an audience with an experienced attorney in Los Angeles. The Los Angeles Law Firm has many years of legal experience. Please contact us for immediate information about your charges.