Who should view the chemical test results first
Question: I was arrested for a DUI recently. After answering some questions from the cop and doing some sobriety tests for him, I was arrested for a DUI in San Fernando, CA. I have never been arrested for a DUI before. The officer then told me I had to take a breath test. I asked what would happen if I didn’t and he said my license would be suspended unless I took a breath or blood test. At that point I didn’t want my license suspended so I agreed to do a blood test. They took me to the hospital and drew the blood out then brought me back to the station.
At the station I asked the jailer how long it would be until they tested the blood assuming that I would find out what the results were before I left. He said I would not find out for a while. I then asked for the blood sample so I could test it myself and he said I could not take it, it gets tested at their lab once they get around to it. Is this correct? Can I test the blood myself to see the results immediately? It was my blood, why do they get to keep it?
Answer: You do not have sole rights over a chemical test, but you can get a sample (of the sample) to be sent to an independent lab to be tested to potentially challenge the states evidence. This is often referred to as a “split”. Usually people wait to get the results back from the prosecutor to get the split. In the event the initial results come back favorable, a split may not be advisable. Also, generally the blood splits require a court order, although I have seen certain jurisdictions require only a D.A’s signature.
You should speak to an attorney about your case i more detail. Feel free to call me at 818-336-1384 to discuss further. I handle DUI cases and DUI blood cases in San Fernando Court with favorable results and would be happy to defend you in this case.
Law Office of Philip D. Hache