Missing Blood Test Results in a DUI Prosecution

[marketwins]

My question involves criminal law for the state of: California

I was arrested for DUI in California and took a blood, not breath test. I requested all the paperwork from DMV for my hearing with them which I just received. The paper work has Laboratory examination from county forensics with Drug test results (that were all negative), but there is no record of a blood alcohol test or a blood alcohol level listed anywhere.

1. Did they screw up and just for get to test for my BAC or is there probably another test that wasn't sent to me?
2. Assume that this makes my DMV hearing stronger since they are supposed to send me all paperwork and none of the paper work has any BAC level listed anywhere.
3. Will they just go back and test my blood for the criminal case?

[usedbranflakes]

1) Possibly... It's possible that the test results have not came in yet. It's not likely if the officer cited you for DUI drugs. Most states will test for both even if the officer suspects only DUI drugs or only DUI alcohol.

Get a good defense attorney. They might be able to get that portion of the case, the per se DUI, thrown out and argue to a judge or jury and get your case won. There is still the issue with the impairment and the officer's testimony that can win the case. Juries *really* like DUI test results.

2) Possibly...

3) Possibly...
One of the issues that they face is if the blood draw utilized was for drugs and did not include a preservative that prevented alcohol from fermenting. One of the other issues is that they may have used all of the blood (not likely) for testing the drugs. Generally there is enough in the tube, or multiple tubes, for the accused to have an independent lab test/verify the results.

Again, a good criminal defense attorney with exeperience trying DUIs (a graduate of the National College for DUI Defense) might be able to assist you.

If you want to see what can go wrong with blood samples in California the www.duiblog.com site has some good information.

Cheers,

Bob