San Jose DUI Blood Tests
Have you been charged with a DUI based on a blood test in San Jose, California? It might not be too late for you to have the charges dismissed or reduced; there are many ways to contest the results of a San Jose DUI blood test.
Ahmed & Sukaram, Attorneys at Law, is a criminal defense law firm well-versed in this area of law. Our San Jose DUI blood test lawyers have over 30 years of combined experience, and we’ve won thousands of cases since we opened our doors in 2005.
How Ahmed & Sukaram, Attorneys at Law, Can Help With a DUI Blood Test in San Jose
Law enforcement officials in San Jose deal with DUI cases on a daily basis – and that includes the prosecution. They know how to secure a conviction, and they’ve been doing so for a while. If you’ve been arrested on DUI charges, you deserve effective legal representation to help you level the playing field.
That’s exactly what Ahmed & Sukaram, Attorneys at Law, can do for you. Our legal team includes a California State Bar Certified Specialist in Criminal Law, a distinction few attorneys in the state have earned. In addition, one of our San Jose DUI attorneys is a nationally-published criminal defense author. When you hire us to help with your DUI blood test case, we’ll get to work by:
- Negotiating with the prosecution to have your charges dropped if possible
- Hiring experts to analyze your blood test and the circumstances surrounding it
- Represent your rights and interests in all proceedings, both administrative and criminal
- Investigate your case internally to find weaknesses in the prosecution’s case and collect evidence in your favor
If you’d like to form an attorney-client relationship or want more information about how we can help, contact us in San Jose, CA. We offer a completely free, no-obligation consultation to review your case.
An Overview of California DUI Blood Test Law
Driving a motor vehicle in California is illegal if your Blood Alcohol Content (BAC) is over .08% or higher if you are 21 years of age or older. If you are under 21 or are on DUI probation, your BAC cannot be above .01%.
California has an implied consent law in place. This law states, in relevant part, that by driving a motor vehicle in the state, you automatically give your consent to a breath, blood, or urine test if you are arrested for DUI. Urine tests will generally not come up in the context of a DUI but are more likely to come up in the context of a Driving Under the Influence of Drugs (DUID) charge.
Can I Refuse To Take the Blood Test?
Yes, but not without consequences – assuming you have been placed under arrest. If you have not yet been arrested, you may refuse the test (refer to this article for more information on this topic). In the vast majority of cases, you cannot be forced to take the blood test without a warrant, even after you’ve been arrested. However, refusing to take the blood test will result in the following:
- Your license will be automatically suspended by the California Department of Motor Vehicles (DMV)
- An enhanced penalty if you are ultimately convicted of DUI
These consequences also apply if you refuse the breath test once you’ve been placed under arrest. The prosecution can also use your refusal to take the test as evidence of your guilt. For these reasons, it is usually (but not necessarily always) not in your best interest to refuse the blood test.
Is It Better To Take the Blood Test or the Breath Test?
The answer to this question is highly fact-specific. The breath test is more common, as it is less invasive and faster. However, some people cannot take the breath test due to a health condition or due to their condition at the time of the arrest.
There are also potentially some advantages to taking the blood test. For instance, a portion of the blood test must be saved for later, which could give you an avenue to challenge the validity of your DUI charges.
Blood tests also may be more accurate than breath tests. So if you are certain that your BAC is under the legal limit, it is likely wise to submit to the blood test as opposed to the breath test.
How Can I Challenge the Results of My San Jose DUI Blood Test?
There are published guidelines under Title 17 of the California Code of Regulations that pertain to how blood tests must be administrated in the state. If these guidelines weren’t followed for your test, your charges could be dismissed. These guidelines include:
- The test must be performed as soon as possible after the alleged DUI offense and by an authorized medical professional or technician
- The testing equipment cannot be kept in or cleaned with alcohol
- The vial must contain a preservative as well as an anticoagulant
- The draw site cannot be sterilized with alcohol
- A portion of the blood sample must be kept for a year after collection unless the person has deceased (in which case it must be kept for 90 days instead)
You can dispute the blood test results if any of these guidelines are violated. Your lawyer can also order to have your sample re-examined by an independent laboratory of your choosing. There are other ways to fight back against your charges as well, such as disputing the validity of the arrest itself (for example, lack of probable cause).
Schedule a Free Case Review With an Experienced San Jose DUI Attorney
If you were arrested and charged with DUI in San Jose based on the results of a blood test, it might not be too late to challenge the validity of the test and have your charges dismissed. Reach out to the experienced San Jose DUI blood test lawyers with Ahmed & Sukaram, Attorneys at Law, for trusted legal advice and assistance.
You can also contact a DUI lawyer in Redwood City.