Individuals arrested for driving under the influence (DUI) or driving under the influence of drugs (DUID) must be advised of their right to have a blood or urine sample preserved for retesting by an independent lab. After agreeing to submit to chemical testing, suspected DUI or DUID offenders should make such a request.
A key issue in any DUI or DUID case is the integrity of any blood test sample. All too often, blood samples will ferment, clot, or be rendered unreliable because of bacterial growth. In addition, blood tests may not have been administered properly. The end result is an inaccurate report of a driver’s true blood-alcohol content level. Also, original blood or urine samples are often destroyed or lost. Fortunately, if suspected DUI offenders make a request to have a sample of their blood preserved for later testing, it is mandated that the police must do so. Additionally, the police must insure that the sample is properly preserved. If the police failed to preserve a requested sample, a savvy California DUI attorney can file for sanctions which could result in the exclusion of any such evidence at trial.