Who should view the chemical test results first
Who should view the chemical test results first
Question: I was arrested for a DUI recently. After answering some questions from the cop and doing some sobriety tests for him, I was arrested for a DUI in San Fernando, CA. I have never been arrested for a DUI before. The officer then told me I had to take a breath test. I asked what would happen if I didn’t and he said my license would be suspended unless I took a breath or blood test. At that point I didn’t want my license suspended so I agreed to do a blood test. They took me to the hospital and drew the blood out then brought me back to the station.
At the station I asked the jailer how long it would be until they tested the blood assuming that I would find out what the results were before I left. He said I would not find out for a while. I then asked for the blood sample so I could test it myself and he said I could not take it, it gets tested at their lab once they get around to it. Is this correct? Can I test the blood myself to see the results immediately? It was my blood, why do they get to keep it?
Answer: You do not have sole rights over a chemical test, but you can get a sample (of the sample) to be sent to an independent lab to be tested to potentially challenge the states evidence. This is often referred to as a “split”. Usually people wait to get the results back from the prosecutor to get the split. In the event the initial results come back favorable, a split may not be advisable. Also, generally the blood splits require a court order, although I have seen certain jurisdictions require only a D.A’s signature.
You should speak to an attorney about your case i more detail. Feel free to call me at 818-336-1384 to discuss further. I handle DUI cases and DUI blood cases in San Fernando Court with favorable results and would be happy to defend you in this case.
Sincerely,
Law Office of Philip D. Hache
DUI Attorney