Legal Question in DUI Law in California

The police generally do not have custody of the blood sample for more than a day or two. The sample is probably located at the prosecution's forensic lab. In some counties, there is a government crime lab, while other counties have a contract with a private lab.

In criminal cases, attorneys are requiried to deal with the District Attorney, not the police, to get access to evidence. Your attorney would need make arrangements with the District Attorney to get the blood sample retested. Some counties require a court order to get the blood released from the prosecution lab to the defense lab.

The blood must also be transported between the two labs in a secure manner to maintain the chain of custody, in order to prove that the blood tested by both labs is actually from the sample taken from you at the time of arrest.

This is not a process that happens overnight and can take several weeks.

They don't turn it over unless you or your attorney properly requests it once you have appeared in court and entered the case on the record. It is part of the discovery process. If you do not know how to effectively represent yourself, hire an attorney that does. If serious about doing so, and the case is in SoCal court, feel free to contact me.