DUI Overview
- Do I Really Need a Lawyer?
- Key Questions
- Common Mistakes
- What to Avoid
- DUI Criminal Process
- Penalties and Statutes
- Jail Alternatives
- Out of state drivers
Types of DUI'S
DUI & DMV
The Science of DUI'S
After the Arrest
Potential Blood Test Defenses
Insufficient Sodium Fluoride Preservative in the Blood Vial
Most arresting agencies in Placer County don’t prepare the vials
themselves but rather buy vials that have been prepared By others.
These vials should be vacuumed sealed; actually contain the type and
amount of chemical stated; and vials should not be older than the
stated Expiration date. If not the report "BAC" could be wrong.
Excessive Delay Between Drawing Your Blood and Analysis
Did you know that if not spun and frozen, blood samples will start to
deteriorate at about 48 hours and will be completely unsuitable after
14 days? This is why your blood is supposed to be tested within a
timely fashion and properly handle in accordance with the procedure
set forth By law. Was it? Fermentation can occur. Fermentation is the
naturally occurring formation of alcohol. Just as wine in a sealed
bottle produces alcohol naturally through fermentation so too does
Blood in a sealed vial. If this happens the alcohol level will be higher
at the time of testing than it was at the time it they drew it from your
arm.
Improper Storage or Transportation of the Blood
Please see the answer for excessive delay between drawing your
blood and analysis.
Contamination of Your Blood Sample
This is self explanatory, however, did you know that some of the
swabs used to clean your skin contain alcohol and if that type of
swab was used in your blood draw it could potentially affect your
results.
"Chain of Custody"
Do they have the correct blood sample? Believe it or not sometimes
they end up with the wrong blood specimen. Your lawyer can have
your blood sample retested and, if you do, check the blood type to
make sure that it is your blood.
Failure to Mix Your Blood Sample
Each vial should have anticoagulant and preservative inside and if it
does, but the drawer fails to properly mix the sample in the tube this
can dramatically affect the reported BAC.