Legal Question in Criminal Law in California

DUI Blood Test results

Pulled over for not wearing a seat belt, my son was arrested for a DUI. Though his BAC was .06, his red eyes (first time contacts) led the officer to believe drugs were involved. My son was around pot, but didn't smoke any. Search of the car found a very small quantity in a container, in a backpack, in the back seat of the car.They took blood at the jail. My son has appeared in court three times. First they couldn't find his blood, the next two times they said they had not tested it.They tell him he has to come back again, or be guilty of a wet reckless (at .06?) How many times will he have to do this? How does he know it is his blood? Can he move to dismiss the case due to lack of proof of impairment?


Asked on 2/08/00, 4:24 pm

1 Answer from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: DUI Blood Test results

DUI case are very technical in nature. A DUI charge can be brought wihout any reference to blood alcohol level at all. An officer's testimony can often be enough for a DUI conviction. Your son's blood results are very important. A blood split should be ordered and a sample should be sent to an independent lab for testing. The county must produce the blood sample. Our firm specializes in cases of this nature. Contact us immediately.

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Answered on 2/11/00, 12:35 am


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