DUI Blood Test: How A Sample Is Tested

When someone is arrested for a DUI in California they are required to submit to either a DUI blood test or a breath test. A driver does NOT have the right to refuse to take a DUI blood test or breath test or to have their DUI lawyer present before submitting. (CVC 23612) A refusal to take a post-arrest test is a separate crime. A breath test will provide the officer with instant results--which the officer usually does not disclose to the driver. The results of a DUI blood test, on the other hand, will not be available for at least ten days. The reason for the delay is that the blood sample must be transported to the Orange County crime lab. The sample will then  be refrigerated until it is tested by a forensic analyst. The analyst will use a gas chromatograph in order to test the DUI blood test sample.



Testing the DUI blood test sample is accomplished by placing a small amount of the blood in a test tube. The tube is plugged with a stopper but there is a small amount of airspace between the blood and the stopper. The substances in the blood sample, including alcohol and drugs, will off-gas into the airspace above the sample. This air is then sucked out of the test tube with a needle and injected into the gas chromatograph. This air then circulates around a large metal tube within the gas chromatograph. In this tube, the substances, drugs and alcohol, gather together. Then, the machine burns each collection of substances. This length and intensity of the burning of each collection is recorded and printed out. This shows what substances were in the DUI blood test and the amount of each substance.



These results of the DUI blood test are recorded on a forensic report that is forwarded to the District Attorney and the DMV. The DA will use these results to determine what to charge the driver with, (i.e. DUI, DUI drugs). The DMV will use these results to issue a license suspension after the driver's DMV hearing. Your DUI attorney will also receive this data and will typically have an expert forensic scientist review the gas chromatograph data to see that the testing was properly accomplished.

Because a DUI blood test shows the level of drugs in one's system, as well as the level of alcohol, a driver should never opt for a blood test if they have any impairment-producing drugs, whether prescription or otherwise, in their system. If you would like to speak with an experienced Orange County DUI defense attorney call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.