|
24. The Blood Test Was Not Administered By A Qualified Person And Was Not Done Correctly |
Los Angeles DUI Attorneys | DWI Defense | FST Challenges
The Blood Test Was Not Administered By A
Qualified Person And Was Not Done Correctly
In California, all blood
tests have to be administered by properly qualified medical personnel. In almost all blood test cases, a nurse gives
the blood test. The test has to be
administered correctly. Use of alcohol
to swab the site of the blood draw will cause invalid results. Drawing blood from a vein instead of an
artery violates state health department rules and can cause the results to be
suspect and excluded from evidence.
Failure on the part of the prosecutor to prove that the chain of custody
of the blood sample was properly documented can also lead to exclusion of
results. Improper maintenance of the
blood draw kit, such as contamination of the preservative by age or air seepage
into the vacutainer (unopened blood collection tube) can also cause the blood
test results to be questioned and possibly excluded.
Tags: Los Angeles DUI Lawyers DMV defense attorney field sobriety test challenges FST challenges DUI LA California DUI laws drunk driving lawyer driving while intoxicated attorneys DWI lawyers Los Angeles DWI driving under the influence criminal attorneys los angeles criminal lawyers arrested for DUI |
TOP 25 DUI Defenses