When someone is arrested in Los Angeles for driving under the influence, or DUI, they are required to take a chemical test or face losing their driver’s license for one year. This is typically a blood or breath test. Most people in LA select the breath test because it is easier (and the cops often push it on people!). However, some people do choose to have blood taken to be analyzed for their blood alcohol concentration. However, whether you give blood or breath, the results of both tests can be successfully fought in court.
The majority of blood testing for alcohol or drugs in Los Angeles County is performed by the Los Angeles County Sheriff’s crime lab and, more specifically, the blood alcohol testing section of their Scientific Services Bureau. Although blood testing can be a very accurate method of analysis, it is only as good as the quality of work performed on an individual sample or test, and it is only as good as the method used to analyze the blood.
The system that is in place to collect, handle, and analyze a DUI driver’s blood can leave much room for error. Problems with the Los Angeles Sheriff’s blood testing and analysis may begin before a sample is ever even collected. Every step in a DUI blood draw case adds the potential for error and the risk of creating an inaccurate result.
The delay between driving and the time of the actual test is a possible source of error. A person’s blood alcohol or drug level is not a constant number. Alcohol and drug levels go up and down over time. It is very easy for an alcohol level to go from below the legal limit to over the legal limit between the time of driving and the time of the blood draw. The police often have to take a person to the jail or the hospital for a blood draw. This trip can easily add 30 minutes to an hour onto a DUI investigation. This delay alone can account for a dramatic error in blood alcohol levels, compared to the true alcohol level at the time of driving.
The blood draw itself is a source of error. The means by which blood is taken from someone can be a big source of error. If the right location is not chosen or the right sterilizing agent is not used, we can and do see huge inaccuracies. It is also important that the right blood tube be used and that the right amount of blood is drawn from the person. If these fundamental steps are not properly observed, we can see huge errors in blood test results. Such errors, if not caught, could result in an innocent person being convicted of driving under the influence.
The handling of the blood sample is often a source of error. Taking someone’s blood and preserving it for testing also carries the potential for serious error. There are specific medically-approved methods for drawing the blood; there are also medically-approved methods for preserving and transporting blood once it is taken from a driver. If the blood is not properly mixed with the right amount of preservative, the sample can become contaminated and, therefore, lose all forensic value. The legal community (the Sheriff and the Courts) do not necessarily hold the same standards as the medical community, and the safeguards that should be used are often neglected. This neglect can result in contamination and a spoiled and untrustworthy blood sample.
The transportation of the blood sample is another common source of error. When blood is transported, the law enforcement individuals involved should maintain a chain of custody. They should keep track of everyone who has touched the blood sample and when they touched it. If the blood sample is not transported in a forensically- or medially-approved manner, the sample could be damaged. This damage exposes the sample to alteration. The sample of blood can actually be changed or affected by its environment. For example, during transportation the blood vial’s air tight seal could be broken or cracked resulting in possible contamination; thus, the blood sample would become untrustworthy.
The storage at the crime lab is another potential source of error. Just like the chain of custody, improper storage at the lab creates possible issues. Every blood tube or vial looks the same; extra care needs to be taken to ensure that the right blood sample gets to the right spot at the right time for testing. Another issue is the need for refrigeration. For the best possible forensic analysis, a blood sample should be refrigerated at the proper temperatures. In Los Angeles, the County Sheriff often fails to maintain refrigeration. They do not refrigerate their blood samples, creating the perfect environment to compromise the integrity of the blood sample. Without refrigeration, fermentation can easily occur and give a false positive on a blood alcohol test. It would be easy for a driver to have a very low blood alcohol level when the sample is taken, but due to improper handling and storage, a very high result could be created.
The preparation of the sample is a source of error. Not only does the Los Angeles County Crime lab have problems with sample storage, but they have problems preparing the samples for testing. The blood alcohol analysts actually keep a log of errors that are found as they run their tests. They, of course, do not keep a log of the errors of which they are not aware. Analysts prepare hundreds of blood samples every week…and no one is perfect.
The equipment used is a common source of error. Even if the blood was properly drawn from a driver, properly maintained and tested correctly, there is still room for error. The equipment used by the Los Angeles County Sheriff is not capable of detecting some common errors in testing. The analysts at the lab do not even know to look for some errors and, therefore, would not know to fix the equipment if it needed repair.
The method used to analyze the blood is frequently a source of error. The crime labs implemented their policies and procedures decades ago and they have done very little to keep current with modern technology or newly recommended testing methods. For various reasons, the Los Angeles County Sheriff’s Department is happy with an antiquated method. It helps them to get convictions even if they are wrong.
In order to properly defend a blood case in Los Angeles County, a defendant needs a complete forensic analysis of their blood. It is not enough to get a one-page report from the prosecutor that states you are simply over the legal limit. To defend yourself properly, you need to obtain, review, analyze, and understand all of the components of a blood draw, chain of custody, and all the work performed in the crime lab.
If you do not have the background, training and experience to thoroughly analyze the Los Angeles County Sheriff’s Crime Lab’s testing methods, then it is best to have a skilled DUI defense attorney to represent you. As a DUI defense attorney in Los Angeles for more than ten years, I am familiar with the Los Angeles County Sheriff’s blood alcohol testing unit, the supervisor, and the analysts. The Crime Lab has put policies into place because of my diligent and relentless defense of my clients.
Blood testing, like breath testing, is not perfect. There are countless ways an analysis can go wrong. If you do not take action to protect yourself, YOU could be wrongfully convicted.
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