Legal Question in DUI Law in California

Blood tests
Hi, I was arrested for dui and when the officer failed to find alcohol or illegal drugs in my system, he insisted that I was under the influence of prescription drugs and I submitted to a blood test. When I pled not guilty, Iwas assigned a lawyer and during our discussion, he told me what the D.A. offered. When I asked what the results of my blood tests were, the public defender told me that the blood test was unavailable to him and that he had no idea what the results were. Why would the blood test results be withheld and unk nown after a whole month had passed? I was not impaired, why should they expect me to plead guilty without revealing my blood test?

Asked on 11/30/08, 11:54 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: Blood tests

They shouldn't. A competent criminal defense lawyer should have the toxicology report, and if that's not available, he or she should file a motion to have a portion of the sample, called a "split," independently tested. While I am sure there exist competent and well-intentioned public defenders, we do hear many stories of public defenders who do nothing but hard-sell guilty pleas to people. Write a letter to the head public defender at your local courthouse and demand a "split."

Answered on 11/30/08, 11:59 pm

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