CONTACT US
Be assured your matters will be in experienced & caring hands.
9891 Irvine Center Drive
Irvine, CA 92618
Toll Free: (888) 444-7210
Tel: (949) 679-9494
Fax: (888) 444-7211
We offer credit card processing & payment plans.
Motion for Blood/Urine Sample to be Split
Another motion that might be used by an attorney in your defense is a motion to request to have a blood or urine sample split to enable independent testing by a forensic expert.
Anyone arrested on suspicion of drunk driving or driving under the influence of drugs (DUID) must be told of his or her right to have a blood or urine sample preserved for later re-testing of the blood alcohol content (BAC). When a driver submits to a breath test there is no independent sample retained for later retesting.
The chemical test can be a significant piece of evidence used against the defendant in court. Once the sample has been obtained, it is sent to a private, independent forensic toxicologist for testing. The agency which took the sample in the first place is mandated to collect a sufficient amount in order to permit enough of a split to be utilized in future tests. Testing will analyze not only the blood alcohol content of the sample, but also whether the testing procedures were strictly followed.
Sometimes the original blood or urine sample is lost or destroyed. While the law does not impose a duty on the prosecution to collect evidence that might be beneficial to the defense, once collected, a duty is imposed to preserve this possibly exculpatory evidence – evidence that may point to the defendant’s innocence. If the prosecution has failed to preserve such evidence, a savvy drunk driving lawyer can move for sanctions, which may result in the exclusion of the evidence or the dismissal of the case.
If the prosecution fails to comply with an order for a blood or urine split to be utilized for analysis, then again, the defendant can move for sanctions against the prosecutor, and the evidence the prosecutor would have used to convict the defendant may be excluded. If the law enforcement agency has failed to preserve a sample for future analysis, and agency is found to have acted in bad faith, then this will be the basis not only for exclusion, but possible dismissal of the charges. If no bad faith can be established, then the defendant is entitled to relief only on a showing that the evidence was material and exculpatory.
A chemical test result over the legal limit for driving does not mean a slam-dunk conviction. A lawyer who specializes in drunk driving defense can make a motion to have the sample split, send it to an independent laboratory, and create reasonable doubt in the defendant’s guilt.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
Learn More
