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The Law Office of Robert Tayac
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DUI Blood Alcohol Testing

DUI Blood Testing or Blood Alcohol Analysis involves the collection, storage and analysis of blod drawn following an arrest for driving under the influence. Collection of blood from a person suspected of driving under the influence. In California the blood must be drawn in a medically approved manner. The person who draws the blood must be either a nurse or a licensed phlebotomist.

Collection of the Blood Sample

The manner in which the blood sample is collected, or drawn can affect the integrity of the blood sample. Errors associated with the blood draw can lead to inaccurate results or even false positive analysis. This is because the drawing of blood to be used as evidence in a DUI criminal prosecution is a sensitive medical procedure. Compounding the risk of reporting errors, most individuals performing the blood draws have limited background or training in the medical field. Despite wearing a lab coat most phlebotomists have completed a program of study consisting of no more than a 40-hour training course and 40 hours on the job training without any real understanding of the significant medical and legal aspects of drawing blood. As a result of this minimal training the integrity of the specimen is often compromised.

Storage of the Blood Sample

The conditions in which the blood sample is stored and maintained prior to being analyzed may be a further source of error leading to inaccurate and false positive results. Studies have shown error rates well over 100% can result from delays and improper storage of blood specimens. All the conditions required for fermentation (creation of alcohol) are present within the blood test vial. This includes the presence of yeast, sugar and bacteria which may exist in a person's whose blood is drawn. Even short delays or changes in temperature can create the conditions leading to fermentation. As a result of fermentation the amount of alcohol in the blood vial where the specimen is held will increase so that the total amount of alcohol in the blood specimen may be higher than what was existed in the person’s body at the time the blood was drawn.

Testing of the Blood Sample

Most forensic labs involved in analyzing blood specimens for alcohol on behalf of law enforcement use a procedure involving a machine known as a Gas Chromatograph. Often times the manner in which this equipment is employed results in a presumptive determination of alcohol as opposed to a confirmatory method specific to alcohol. This method can cause compounds which may respond to the method of detection in a manner similar to alcohol to be falsely measured as alcohol. Additionally, this method cannot determine whether the alcohol being measured was originally present in the person’s body or whether the alcohol being measured is that formed during any delay before analysis was performed.

Office Location and Areas We Serve

The Law Office of Robert Tayac is located in downtown San Francisco at 505 Montgomery Street, 11th Floor San Francisco, California 94111. Satellite offices are maintained in Napa, Redwood City, San Rafael, and Walnut Creek. For more information on driving under the influence matters in neighboring cities and counties, feel free to review the county specific information on the resource pages listed below:

Contact The Office

Mr. Tayac and the DUI investigators and experts working with him stand ready to help you or your family member. A member of the office is available to speak with you regarding the case any day of the week between the hours of 8:00 a.m. and 8:00 p.m. Pacific Standard Time at 415-552-6000.

If you hire the Law Office of Robert Tayac, you will know that you have retained the services of the most knowledgeable and experienced DUI defense team.