The benefit of having independent testing done on one’s blood or urine sample is that the independent lab may establish that the DUI suspect’s blood-alcohol content at the time of driving was not in fact above the legal limit. Furthermore, the lab will be able to detect if the anti-coagulant and the preservative were in the tube in proper amounts, whether the sample is the same blood type as the DUI suspect’s, and whether or not there has been any bacterial activity. Overall, independent lab testing can reflect whether proper testing procedures were adhered to.
About Motions to Split Blood/Urine Samples
California DUI defense lawyers whose clients submitted to chemical testing will often file Motions to Split Blood/Urine Samples. If the District Attorney’s office fails to comply with an order granting a blood or urine sample split analysis, the
California DUI attorney can move for sanctions against the District Attorney and move to have any chemical test results excluded from trial. In addition, if the police failed to preserve a sample for future testing when requested by a suspected DUI offender, then not only could any such evidence be excluded from trial, but also all charges against the
suspected DUI offender may possibly be dropped. It should be noted, however, that the defense must prove that the police acted in bad faith. If it can not be established that the police acted in bad faith, the suspected DUI offender is only entitled to relief resulting in showing that any chemical test results are exculpatory.