How Can Contaminated Blood Samples Be Disputed in a California DUI Case?

Can You Trust the Test?

The anxiety people feel when they see those red and blue police lights pop on in their rearview mirror is fairly universal. You know what to do during these routine stops, right? Be respectful, no sudden movements, and follow all prompts made by the officer.

But what should you do when things don’t go according to plan? Suddenly, you are being asked to step out of your vehicle. You go through all of their demands, possibly a field sobriety test and maybe even a breathalyzer test.

What should you do if you find yourself in handcuffs and in the back of a police car when you know you haven’t done anything wrong?

How Should You Navigate a Traffic Stop?

One thing you should keep in mind in pretty much any interaction with a law enforcement officer is, “How will this play out in court?” Even if you know how in the right you are, you should always act, and react with respect and caution.

The first thing we will go over is how you should handle what should be a routine traffic stop with law enforcement.

Remain Calm

Easier said than done, right? If you find yourself being pulled over, remind yourself to remain calm. You can make mistakes if you let your anxiety take over the situation. Don’t immediately start digging for your wallet or insurance card. Just take a few deep breaths and keep your hands on the steering wheel.

Don’t Exit Your Vehicle

Even if you think you are helping the officer out, always remain in your vehicle. Roads can be dangerous, especially for pedestrians. Further, law enforcement may see someone rapidly exiting their car as aggressive.

Roll Your Window Down

This may seem obvious, but the officer will need to communicate with you, and the best way to do so is through an open window.

Be Respectful

It is important to show respect to the officer. A simple “yes, sir” or “no, ma’am” can go a long way.

Follow All Officer Orders

Follow the instructions given to you by the officer. You don’t have to have your license ready before the officer arrives at your window. Wait for them to ask for your ID, then move slowly to find your ID and offer it to the officer. If they ask you to exit your vehicle, do so, even if you think it is a waste of time.

Know Your Rights

If you take anything away from this, let it be this: know your rights. You can be polite and respectful and follow all officer orders while still standing up for your rights. You have the right to remain silent. This right doesn’t only kick in when someone is arrested and a cop is reading them their rights. You can answer questions pertinent to the traffic stop, but you don’t have to answer anything else. Even if it seems rude, you don’t have to tell the officer where you are coming from, where you are going, or why you are out.

Am I Free to Leave?

It is important to follow all instructions made by officers, but you also have the right to ask if you are free to leave. If an officer has no reason to detain you, they must let you go.

What Is a DUI Stop Like?

A DUI stop will be very similar to any other stop, except that the officer will likely ask you to exit your vehicle. Their questioning will center around determining if you are driving under the influence. They may have you do a field sobriety test, which is a series of tasks designed to test your coordination and find out if you are under the influence.

They may also ask you to do a breathalyzer test. A breathalyzer tests the amount of alcohol that is breathed out, which is an accurate way to test if someone is driving with more alcohol in their system than what is legally allowed.

What Comes Next?

If the officer believes you are over the legal limit, they will likely place you under arrest. This is the best time for you to stop talking. Don’t try to defend yourself, even if you know you are in the right. You will be booked, have your photo taken, have your fingerprints recorded, and likely have a blood test administered.

Can a Breathalyzer or Blood Test Be Wrong?

This is exactly why you should remain silent during an arrest.

Yes!

A breathalyzer test and even a blood test can be wrong! Whether it is through faulty equipment or a contaminated blood test, you have the right to dispute the results, but to the courts, not to the officer.

It may feel like you are being unfairly targeted, but the court system does not want to punish innocent people. This means that you can maintain your innocence and dispute the blood test or even the entire traffic stop!

Can a Lawyer Help?

Working with a DUI defense attorney as early as soon as possible after a DUI charge can be the difference between a clean record and a world of financial and social pain. DUIs can impact your insurance premiums, your legal record, and your social life.

Work with Patrick Silva, Attorneys at Law, to ensure your case is handled fairly and you receive the justice you deserve. Our law office is experienced with DUI charges, and we know how to make sure law enforcement and the courts are acting above board.

Call 909-500-4819 to schedule your free consultation and find out what options are available to you!