LAPD lab results v independent lab?

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How significant is it if the independent lab results reflect a different result than the LAPD lab results? For instance, if LAPD lab results show a BAC of 0.16 and an independent lab show a BAC of 0.13, does that mean the LAPD results can be attacked on validity?

3 Attorney Answers

Best Answer
Maybe. You'll need an expert or experts to testify and explain why the differences are not tolerable. However even at a .13 BAC you will be above the legal limit.
Best Answer
It certainly raises doubt as to the validity of the .16 result, but then you still have to deal with the .13 result reached by your own lab analyst.
Best Answer
The District Attorney will argue either way you are .08 and above. They will take the totality of the circumstances including your driving, FSTS, slurred speech, blood shot eyes, odor of alcohol...etc and argue that as a result of your alchohol consumption you were mentally and physically impaired for purposes of driving and were unable to operate a motor vehicle with the caution characteristics of a sober person in similar circumstances.

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