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Once an arrest is made, the driver MUST submit to chemical testing under a provision in the California Vehicle Code.  California’s implied consent law means that anyone licensed to drive in the state consents to taking either a blood or breath test if arrested on suspicion of drinking and driving.  If a driver is suspected of driving under the influence of drugs (DUID), a blood or urine test may be required.
If a person fails to submit to the required chemical testing, a number of serious repercussions follow, including fines, mandatory imprisonment if the person is convicted of DUI, and DMV suspension of the person’s driver’s license.  Even if a person refuses to take a chemical test, courts have allowed arresting agencies to take the defendant’s blood by force.  Therefore, submitting to the chemical test is in the best interests of someone arrested for DUI.
Even when a driver takes a breath test, the officer must advise the person of the right to take a blood test in order to retain a sample of blood for later testing by an independent forensic toxicologist.  This is a safeguard for the DUI defendant. Tests are fallible, and human error is not uncommon.
One common error in BAC blood testing is improper blood drawing procedures.  In a BAC test, blood should be drawn into a glass tube that contains a white powder in the bottom – the white powder is a mixture of preservative and anticoagulant.  If there are improper levels of preservative in the sample, the blood sample can actually ferment, creating alcohol.  If the sample does not contain enough anticoagulant, the blood will clot, reflecting an artificially high blood alcohol level. Independent testing will reveal such instances.  Thus, it is to the DUI defendant’s best advantage to have his or her blood sample independently tested.
Also, the blood must be drawn by a person certified to perform the draw.  The person drawing the blood must follow proper procedure in obtaining an uncontaminated sample.  The driver’s arm must be wiped with an alcohol-free wipe.  Once drawn, the blood sample must be shaken in order to thoroughly distribute the anti-coagulant and preservative.  The sample must be kept in a controlled environment in order to preserve the quality of the sample.  Therefore, it is beneficial in pursuing a DUI defense to identify the “chain of custody” in order to fully understand who had access to the sample, and how it was stored.
Regardless of the results and the procedures followed to obtain the results, the results are not conclusive evidence of BAC at the time of driving.  It is not illegal to be above the legal limit while in a police station; the crime is driving under the influence, or driving above the legal limit, not having a BAC above the legal limit at a later time.
When it comes to issues of blood testing in a drinking and driving case, it’s important to have a California lawyer who specializes in DUI / DWI defense on your side.

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