{"id":329,"date":"2018-04-29T11:20:20","date_gmt":"2018-04-29T18:20:20","guid":{"rendered":"http:\/\/irvine-dui-lawyer.com\/?page_id=329"},"modified":"2020-01-11T04:14:51","modified_gmt":"2020-01-11T04:14:51","slug":"blood-test","status":"publish","type":"page","link":"https:\/\/fullerton-dui-lawyer.com\/?page_id=329","title":{"rendered":"Blood Test"},"content":{"rendered":"

DUI Blood Test<\/strong><\/h1>\n

The Blood Test Is Most Accurate<\/strong><\/h2>\n
The blood test is by far the most accurate test to determine someone\u2019s blood-alcohol level. Despite its accuracy, the blood test can only tell what a person\u2019s blood-alcohol level was at the time of taking the test<\/strong><\/em>, and not at the time of driving which has usually occurred over an hour before the test.<\/div>\n
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The \u201cRising Defense\u201d<\/strong><\/h2>\n
Thus, if some or all of the alcohol you drank was still in your stomach when you were driving, it was probably in your bloodstream when you took the DUI blood test. In that case, your Fullerton DUI lawyer can argue that your blood-alcohol level was below the legal limit at the time of driving. But your BAC was \"risingover the legal limit at the time you took the blood test. If so, you may be entitled to a dismissal or a not guilty verdict. This is called a \u201crising defense\u201d because your blood-alcohol level was rising at the time of driving. If your Fullerton DUI lawyer can present forensic evidence to support a rising defense, they may be able to get your case dismissed or a reduction of charge.<\/div>\n
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You MUST Be Given A Choice<\/strong><\/h2>\n
You must be given the choice of a blood test or breath test<\/a> after you are arrested for DUI. Failure to give you a choice of tests is a violation of your Constitutional right to be free from an unreasonable search. This means that if you weren\u2019t given a choice, your Fullerton  DUI attorney can file a motion to suppress the blood test results. If the judge finds that the blood test result was illegally obtained, it must be suppressed or thrown out.<\/div>\n
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Challenging The Validity Of The DUI Blood Test (Title 17)<\/strong><\/h2>\n
A blood test administered after a DUI arrest must be conducted in strict accordance with the rigid standards of Title 17 of the \"fullertonCalifornia Code of Regulations. Title 17 mandates who can administer a blood test as well as how the sample is to be drawn, treated, identified, transported, and tested. Any violation of Title 17 provides grounds for your Fullerton  DUI lawyer to move to have the blood evidence suppressed. The following are examples of Title 17 violations that can lead to suppression of blood evidence:<\/div>\n