Tuesday, August 4, 2009

If you gave a blood test sample after a DUI arrest, consider these California defense attorney defenses

California Drunk Driving arrests can result in a blood or a breath test.

California DUI Blood Tests may be challenged in your California drunk driving case.

Check out San Diego California DUI attorney Rick Mueller's top tactical illustrations:

1. Fermentation - Increase in BAC by the neoformation of alcohol in blood tube after blood draw and before analysis, as a result of insufficient sodium fluoride preservative or a delay between blood draw and actual analysis.

California crime laboratories routinely wait a number of days or weeks - before testing blood for alcohol levels. Due to lack of proper funding, these cheaper tubes normally have an insufficient level of sodium fluoride preservative.

2. Blood clotting or coagulating.

3. Hemolysis - In relation to BAC, hemolysis may alter the blood matrix & increase BAC.

Hemolysis destroys erythrocytes, causes unreliable ABO/Rh testing.
Hemolysis can be caused by intensive shaking of the blood tube and/or presence of hypertonic salts such as Sodium Fluoride.

4. Contamination (from an outside source – as a result of swabbing skin, e.g. with Zephiran containing 2% ethyl alcohol).

5. Lack of entire chain of custody and/or wrong blood specimen.

6. Improper blood draw or problem with administration of California DUI test.

7. Lack of compliance with proper standards or California Code of Regulations, Title 17 (e.g. failure to maintain integrity of sample from collection to storage to analysis to reporting, or failure to mix blood sample with anticoagulant or preservative).

8. Unqualified analyst tests the blood.

9. A more appropriate California DUI prosecution expert fails to testify at trial.

10. California blood test report or record not made at or near time of analysis, or method of preparation, source of information or time of preparation report untrustworthy or sufficiently suspect.

11. Incompetent or unauthorized California blood technician draws blood.


If you were arrested for a DUI or Drunk Driving in San Diego County, completing this form now will immediately get the needed information to San Diego DUI / DMV Attorney Rick Mueller (for his eyes only).

If Breath Test, before completing, it is recommended you first view first view California DUI & Drunk Driving Defenses to San Diego County Breath Test. If Blood Test, please feel free to view Defenses to San Diego County Blood Test.