What is a Blood Test in Los Angeles?
A blood test is one of the common chemical tests Los Angeles Police Department and other law enforcement use to determine whether an individual has drugs or alcohol in their system. It is typically used when an individual is suspected of operating a vehicle while impaired by drugs or alcohol.
The procedure for a blood test generally involves taking a sample of an individual's blood to measure the amount of drugs or alcohol present in the blood. This type of test is typically considered to produce more accurate results in comparison with the other chemical tests.
However, blood tests are rarely given at the scene of a suspected DUI because of the need for equipment and a qualified individual to administer the test. Here at Berglund Law Office, P.C., we have helped many clients facing DUI charges. If you have questions about the blood test you were asked to submit to in California, call our office at (877) 667-1205 or fill out our CONTACT form today.
Can You Refuse a Blood Test in California?
The simple answer is yes, although officers can still obtain a warrant to have your blood drawn. Also, the aftermath of a refusal in Los Angeles could result in significant consequences that affect many areas of your life.
Law enforcement officers typically request a blood test after arresting an individual based on a suspicion of operating a vehicle under the influence of drugs or alcohol. Under California's implied consent law, drivers must consent to a chemical test if arrested on suspicion of DUI when requested by a law enforcement officer. All individuals who obtain a driver's license consent to follow these laws.
Refusing a blood test is considered a violation of the implied consent law, which carries significant consequences, including mandatory driver's license suspension.
It is important to note that law enforcement officers must obtain a warrant if they are not given voluntary consent by the driver. Once they obtain a warrant, officers do not need the driver's consent. To make matters worse, you will still be charged with refusal.
Problems with Blood Tests in California
Although blood tests typically provide more reliable results than other chemical tests, they are not without their problems. For a reliable result, blood tests need a proper blood sample taken under proper circumstances.
Many of the problems with blood tests relate to the blood sample and how the sample was obtained, including:
- Waiting too long to obtain the sample
- Contaminated blood sample
- Improper preservation or storage of the sample
- Improper transportation of the sample
- Lack of chain of custody for the sample
- Drawing of the blood sample by an unqualified person
- Waiting too long to test the sample
In addition, the technology and machines used to analyze the blood samples could have problems that make the results unreliable. For instance, the technology or machines could be faulty or produce inaccurate results that have not been checked.
How an Attorney Can Challenge Blood Tests in Los Angeles
Blood tests can complicate a drunk driving case because of the potential problems with the procedures and the results. At Berglund Law Office, P.C., we understand the many problems with a blood test that could be used to present a sufficient defense or prevent a case from proceeding to a trial. Additionally, challenging a blood test requires evidence that must be requested throughout the case.
It is important for an individual charged with DUI to understand that there are defenses available to combat blood test results. Call us today at (877) 667-1205 or fill out our CONTACT form to schedule a free consultation today.