The biggest misconception about blood draws is that the blood draw is the gold standard and is right 100% of the time and cannot be challenged. It’s a huge misconception; it’s completely backwards. Blood analysis, if done correctly, can be a trustworthy and reliable number; however, doing a blood analysis for alcohol or drugs is very complicated. The potential for errors is great.
Can a Blood Draw Case Be Beat?
Blood draw cases can be beat. There are a lot of places to look to find problems with the blood, to find the errors with the blood and to prove, either to a prosecutor or to a jury, that a blood number is neither trustworthy nor reliable. Keep in mind that there is more than one part to a case; we need to look at the driving and the field sobriety test, but we also have to look at that chemical test, that blood test. Blood tests can be beat, and there are literally dozens, if not hundreds, of places to look to find those errors and find those problems to get the charges reduced or dismissed.
Do Blood Draw Cases Typically Take Longer Since They Are More Complicated?
Blood cases can be more complex than breath cases, and oftentimes blood cases will take a little bit longer to work their way through the system. Some police departments are very quick in getting the blood sample to the lab, getting it analyzed and getting a result, but others take excessive amounts of time to obtain and analyze a blood sample.
A breath sample police report can be completed and forwarded to a prosecutor within a matter of hours before the officer is done with his or her shift, but a blood case needs to be sent to the lab and analyzed. Oftentimes, the Los Angeles County Sheriff’s Department will easily take four to six weeks to analyze a blood sample. This will delay the proceedings or can delay the proceedings in court. Potential settlement or trial of a case can be delayed because of extra work that needs to go into a blood case.
There are some police departments or agencies which are much, much quicker with their analysis of blood. Long Beach has their own blood lab so they are much quicker than the Los Angeles County Sheriff’s Department. Some police departments (e.g. the Orange County Sheriff’s Department) may have a turnaround of just a matter of hours or a few days. Depending on where the person was stopped and arrested can affect how long it will take to get the blood analyzed and how long their case will ultimately take to resolve in court.
How Common Are Blood Draws in DUIs?
In a typical DUI, the subject that is being arrested will typically agree to a breath analysis. The officers really encourage and motivate people to do breath samples, because it is easier for the officers and it’s a relatively small percentage of the cases where someone will actually request to do a blood draw, even though that’s probably the wiser choice in most cases.
The number of blood draws we’re seeing is changing. We’re seeing a much higher percentage, a much higher number of blood draws, not necessarily related to alcohol DUIs but an increase in drug DUIs whether that be cannabis or other drugs. We’re seeing more and more testing of the blood for both alcohol and drugs or a combination of both. I would estimate that 10% of tests right now are blood tests, and I see that number steadily going up as the years pass.
Do Blood Draws Carry More Weight in Court As Opposed to Field Sobriety Tests or Breathalyzer?
Weight in court depends on who is listening to the evidence. If it’s a judge or a prosecutor, they may be looking for certain things, but, ultimately, in a DUI case in Los Angeles, you have to keep in mind that a jury, 12 jurors, are going to be making up their minds on whether the blood sample is or is not trustworthy.
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