If you were arrested for driving under the influence (DUI) in California and for whatever reason, you were taken to the police station and made to submit to a blood test, then you may have heard of a “blood split.” We will explain what a blood split may have to do with your case, but first we want to discuss challenging blood evidence in a DUI case.
Can the toxic report from a DUI blood draw be challenged or suppressed? The short answer is yes, it is possible. An expert can critique the chain of custody, which is important in a DUI case. The landmark case on this topic, familiar to most DUI attorneys is Bullcomings v. New Mexico, a Supreme Court case.
Requesting to Have Your Blood Retested
When blood is drawn in a DUI case, you can request to have the blood retested in what is called a “blood split.” A blood split has nothing to do with lowering the blood alcohol concentration (BAC), it’s simply a request from the defense for a portion of the defendant’s blood so they can test it independently of the prosecution.
When the defense requests a portion of the blood, it may be released to the defense’s forensic expert, or to the expert’s representative or lawyer for retesting. However, just because the defense requests a portion of the blood, it doesn’t guarantee that it will be lowered. It could come back lower, the same, or even higher.
So, can blood evidence be argued? Yes, absolutely. Blood evidence can be challenged and it can be suppressed, but this is not a task that you should do on your own. The best thing to do is hire an Orange County DUI attorney from the Law Offices of Virginia L. Landry, Inc. who concentrates on DUI defense.
We offer free case evaluations, our lead attorney is a Board Certified expert in DUI defense, and we are proud members of the National College for DUI Defense. Call today to see what we can do for you!