At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 886-6333

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Law Offices of Aaron Bortel

Blood Tests In Drugged Driving CasesHow Are Blood Tests Used In Drugged Driving Cases?

When someone’s been arrested for a DUI after doing their field sobriety tests and possibly a preliminary alcohol screening breath test, they’re supposed to be consulted about their choice of tests. If the officer believes they’re under the influence of drugs, they usually will not give them a choice of tests and instead tell them that they have to do a blood test.

Individuals should avoid a drug test if they have taken any drugs when deciding to perform a breath or blood test. That will give the arresting officer more evidence of potential impairment.

When the officer thinks that someone is under the influence of drugs, they will require them to do a blood test, which is examined in a lab where results are then sent to the prosecution and the DMV. The results will be used to try and convict the individual and remove their driving privileges.

Who Does The Prosecution Use To Provide Evidence And Testimony In Drug DUI Cases?

The prosecution will use several people to provide evidence and testimony in Drug DUI cases. They will use the arresting officer who will lay the foundation for the upcoming blood test. Then they may call on the phlebotomist who took the blood test and someone from the lab to testify.

The people who work in the labs are often busy and don’t particularly like to come in and testify, so cases often get continued due to the unavailability of many players on the prosecution side.

What Can The Defense Do In Situations With Blood Tests?

Sometimes we see video footage of the blood test, which had some significant issues. We have challenged whether the test was conducted in a medically approved manner. While those cases are difficult to win, it becomes possible with the right expert on our side to testify about what proper procedure is and what was done wrong. The improper process may include:

  • Putting the blood draw kit on a dirty surface or the ground;
  • Insufficient swabbing of an area;
  • Issues with drawing the blood;
  • Draw site contamination;
  • and more.

Many factors could lead to bringing our experts to court to testify because if you have contamination, it can affect the blood test results.

The legal practitioners at the Law Office of Aaron Bortel have attended training and conferences, held meetings, and conducted research over the years on how these procedures work.

When we receive a video of a blood draw, it is watched and reviewed to indicate whether we can challenge it. Another lawyer may not know what they’re looking at, which is why when you have a DUI case, it is imperative to retain an attorney who predominantly works with DUI defense.

With the guidance of a skilled attorney for DUI Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on DUI Defense Law in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 214-9492 today.

Aaron Bortel

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Call Us 24/7: (415) 886-6333
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