Blood Test

Potential Blood Test defenses might include:

(01) Insufficient Sodium Fluoride preservative in the blood vial.

Many arresting agencies in San Diego don’t prepare the vials themselves but rather buy vials that have been prepared by others. These vials should be vacuumed sealed; actually contain the type and amount of chemical stated; and vials should not be older than the stated Expiration date. If not the report "BAC" could be wrong.

(02) Excessive delay between drawing your blood and analysis.

Did you know that if not spun and frozen, blood samples will start to deteriorate at about 48 hours and will be completely unsuitable after 14 days? This is why your blood is supposed to be tested within a timely fashion and properly handle in accordance with the procedure set forth by law. Was it? Fermentation can occur. Fermentation is the naturally occurring formation of alcohol. Just as wine in a sealed bottle produces alcohol naturally through fermentation so too does Blood in a sealed vial. If this happens the alcohol level will be higher at the time of testing than it was at the time it they drew it from your arm.

(03) Improper storage or transportation of the blood.

Please see the answer for excessive delay between drawing your blood and analysis.

(04) Contamination of your blood sample.

This is self explanatory, however, did you know that some of the swabs used to clean your skin contain alcohol and if that type of swab was used in your blood draw it could potentially affect your results.

(05) "Chain of custody."

Do they have the correct blood sample? Believe it or not sometimes they end up with the wrong blood specimen. Your lawyer can have your blood sample retested and, if you do, check the blood type to make sure that it is your blood.

(06) Failure to mix your blood sample.

Each vial should have anticoagulant and preservative inside and if it does, but the drawer fails to properly mix the sample in the tube this can dramatically affect the reported BAC.

You can call 1 (858) 467 4600 to see if your blood test results are available.