Legal Question in DUI Law in California

DUI Blood Test Validity

How accurate is a blood test vs. a breath test for DUI


Asked on 7/18/09, 1:16 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: DUI Blood Test Validity

Both are subject to attack for different reasons, depending on the facts of your case.

The breath machines have a margin of error that can work in your favor as well as calibration issues. There is no sample retained for retesting by an independent source.

The blood is subject to attack on contamination, collection, chain of custody and retesting grounds, among others.

Having said that, blood tends to be more "accurate".

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Answered on 7/18/09, 1:29 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: DUI Blood Test Validity

The point is not how valid is the test, but how skilled your lawyer is in challenging the results. A new Supreme Court decision dramatically tilts the odds in your favor. But you have to take the first step, as I think �ou already know.

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Answered on 7/18/09, 2:09 pm
Terry A. Nelson Nelson & Lawless

Re: DUI Blood Test Validity

Accurate enough for either to be accepted without question by the courts. If you want to contest it, you hire an expert to do so by testing samples and machines [ $$ ]. If you are serious about having counsel to represent you in a DUI case, feel free to contact me to discuss your facts and evidence.

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Answered on 7/18/09, 6:49 pm


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