A person’s blood alcohol content can be determined by testing a sample of the person’s blood. Compared to a breath test, a blood test is generally a more accurate method to determine a person’s blood alcohol concentration if the analysis is done correctly. However, blood alcohol analysis is a very complicated process and there are many factors related to blood testing that can cause the result to be unreliable. Continue reading “DUI Blood Alcohol Testing & How To Fight Them”
Category: Blood Tests
Determining a Driver’s Blood Alcohol Level
Blood alcohol testing is an attempt by law enforcement to determine how much alcohol is in a driver’s bloodstream. If a blood alcohol test result is 0.08% or higher, a driver is presumed to have violated the law (Vehicle Code 23152(b)). Keep in mind that the defense can present evidence, either through cross examination or affirmatively, that the test result is unreliable. It is important to remember that the blood alcohol test is supposed to determine the driver’s blood alcohol concentration at the time of driving the car, and not after the fact. There can be a significant difference between a driver’s blood alcohol concentration at the time of driving and the time the test is taken, which sometimes occurs an hour or more later. Continue reading “Determining a Driver’s Blood Alcohol Level”
Finally – The Myth of the “Gold Standard” is Beginning to Unravel!
As reported in the Los Angeles Times article on November 10, 2013, an Orange County Crime Lab error leads to inaccurate blood alcohol test results that could affect hundreds of DUI cases.
Continue reading “Finally – The Myth of the “Gold Standard” is Beginning to Unravel!”