Only took one blood vial or DUI
Question: I was arrested for a DUI after a car accident. They did not take any breath tests or anything like that. My DUI court date is in San Fernando, CA. But my question is they only took one blood vial. Is this correct or were they suppose to obtain two viles to determine BAC for a DUI? I read something about with a blood test they give me a vial of blood so I could test it myself.
Answer: This is a common issue of confusion for DUI blood draws. The arresting agency only needs to draw enough blood to run what is called a “blood split,” meaning…enough for you to have an independent lab run their own blood test to potentially challenge the prosecutors results. This can be done with one vial of blood, assuming there is enough blood in the sample to do so.
Depending on the situation, results, and the defense strategy for your particular case, doing a blood split may or may not be the right move. There also are other potential defenses that can be applicable to your case to help dismiss and reduce charges as well as mitigate potential consequences.
Talk to your DUI attorney about running a blood split in more detail. Or call me at 818-336-1384 for a free consultation if you would like to discuss in more detail. I handle many DUI’s in San Fernando, CA with very good results, including blood test DUI cases and DUI’s with accidents.
Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA Glendale, CA Pasadena, CA Metropolitan Court, Bellflower, CA, Alhambra, CA, Compton, CA, Santa Clarita, CA, Airport Court, Inglewood, CA, Los Angeles, CA and other Courts