Say you were arrested for driving under the influence (DUI) and you strongly
believe that the blood sample came back with too high of a blood alcohol
concentration (BAC), and you want to see if you can have a DNA test of
the blood sample to make sure it was yours.
You want to know, “Could my blood sample have been switched at the
lab?” You never heard of this defense before, but you know there
are labs that do paternity and immigration DNA testing.
Maybe you went so far as to purchase a quality breathalyzer and ran your
own tests, which involved drinking the same amount and type of alcohol
over the same time period, and your results came back with a much lower
BAC. Sounds extreme, but people have conducted their own tests of this
Should you pay for a DNA test?
Determining your BAC level based on a drinking pattern can be very difficult,
especially for the layperson. While experts can disagree on a person’s
BAC at the time they were driving, blood results tend to be accurate, though
Conversely, breath samples have more room for error due to factors, such
as body weight, gender, medical conditions, use of mouthwash, time since
last drink, etc.
Most of the independent labs used by
DUI attorneys test for BAC level and the basic blood type. There certainly
have been cases where fermentation led to a false reading, and false readings
can arise when the blood has been left in ambient temperature for too long.
Blood samples can even coagulate when they have been compromised. Getting
a blood split to independently retest your blood sample can be a problem
if your attorney isn’t familiar with the process.
DNA tests can be costly; the best thing to do is consider getting a blood
split, meaning get the blood sample retested. If you are still dissatisfied
with the results, you can discuss the pros and cons of getting a DNA test
with your attorney.
To learn more about blood splits and the DUI defense strategies available
to you, contact an Orange County DUI lawyer from the Law Offices of Virginia L. Landry, Inc.!