For how long police laboratory (or just laboratory who did this job for police) keep blood samples for DUI/DWI cases from the moment it taken ?
And if I request additional blood analyses and my samples are not available anymore, can I question the results of the first analyses ? By the way, do I need to pay for the second analyses ?
Matthew MurilloEstate Planning AttorneyRedlands, CA ·
Usually, samples are kept 1 year. You can request to have it re analyzed, but it's a cost that you must pay for and provide an independent lab to do so.
If you wait to long to request it be analyzed again, and the sample isn't available, you can't really question the sample as far as fermentation and bacteria are concerned. There are other possible defenses, but you can't contribute to the fault.
My colleague is correct. Samples are kept for a year. You have to pay for all independent testing. The longer you wait for a second analysis the more untrustworthy the result becomes.
A lab should keep a blood sample for one year in a misdemeanor arrest and three years where there was a felony arrest. Once the case has been settled (by plea or guilty verdict or dismissal) then the lab's get dispose of the sample once the period for filing an appeal has elapsed.
Darryl Elliot YoungPersonal Injury LawyerMerced, CA ·
1 year on a misdemeanor, 3 years on a felony.
You can occasionally file a Youngblood/Trombetta motion when there's been a long period between the actual blood draw to when you're formally arraigned on the charges to try and get the case dismissed.
You can question the initial blood test, but it's destruction would not warrant a dismissal in of itself. You can always challenge the method of preservation and bacteria levels in a sample.
You can request a blood retest. Occasionally you will get different numbers. I've seen an older sample retest at around .02 lower after 9 months. I often refer clients to central valley toxicology. I would anticipate paying approximately $500 to retest.
As stated above the lab keeps the sample for a year. You do have to pay an independent laboratory to retest the sample. If there is anything suspect about the sample you need an expert to introduce that at a DMV hearing or at trial.
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
The law requires that the lab keeps the sample for at least 1 year. You have a right to receive a part of the sample for your own re-test at your expense. The results from the lab must be provided at no expense. You should retain an attorney
