If you’re facing a DUI charge in California, you might have heard the term “blood split motion.” But what does it mean, and how can it impact your case? This comprehensive guide will explain what a blood split motion is, how it works, and how it can be a powerful tool in challenging DUI charges.
What Is a Blood Split Motion?
A blood split motion is a legal procedure that allows a driver arrested for DUI to request a portion of their blood sample for independent testing. This motion is grounded in Title 17 of the California Code of Regulations, which sets forth strict protocols for chemical testing in DUI cases. The purpose of a blood split is to ensure that the evidence against you is accurate and that your rights are protected.
How It Works
When you are arrested for DUI and consent to a blood test, law enforcement typically draws a sample of your blood to determine your Blood Alcohol Concentration (BAC). Under Title 17, this sample must be divided into two separate containers:
Law Enforcement Sample: Used by the police for their own testing.
Reserved Sample: Set aside for your use in independent testing.
If you wish to have the reserved sample tested independently, your DUI attorney can file a blood split motion to obtain it.
Why Is a Blood Split Motion Important?
The primary reason for requesting a blood split is to ensure the accuracy and integrity of the BAC results. Independent testing can:
Identify Errors: Reveal mistakes in the collection, handling, or testing of the blood sample.
Detect Contamination: Uncover potential contamination that could skew the results.
Challenge Title 17 Violations: Expose failures to adhere to required protocols, such as improper storage or insufficient preservatives in the blood vial.
By obtaining and testing the reserved sample, you can potentially uncover discrepancies that may lead to a reduction or dismissal of the DUI charges.
How Can a Blood Split Motion Help Fight DUI Charges?
A blood split motion can be a powerful tool in challenging DUI charges. Here’s how it can assist your defense:
1. Revealing Lower BAC Levels
If the independent test shows a BAC below the legal limit of 0.08%, it can cast doubt on the prosecution’s case. For instance, if your BAC was reported as 0.09% but an independent test shows 0.07%, this discrepancy can be significant in court.
2. Exposing Title 17 Violations
Title 17 outlines specific procedures for blood collection and testing. If these procedures are not followed—such as improper storage, inadequate preservatives, or contamination—an independent test can reveal these violations, potentially leading to the suppression of the evidence.
3. Highlighting Contamination Issues
Contamination can occur if the blood sample is exposed to alcohol-based disinfectants or if the vial lacks proper preservatives. Independent testing can detect such issues, which may undermine the reliability of the BAC results.
4. Challenging the Accuracy of the Original Test
Even if the original test was conducted properly, independent testing can serve as a check on its accuracy. If the results differ significantly, it can raise questions about the reliability of the initial test.
Are There Risks to Filing a Blood Split Motion?
While a blood split motion can be beneficial, it’s essential to understand the potential risks:
Confirmation of Original Results: The independent test may confirm the original BAC results, which could strengthen the prosecution’s case.
Additional Costs: Independent testing can be expensive, and there’s no guarantee of a favorable outcome.
Time Constraints: Delays in obtaining the reserved sample or conducting the independent test can affect the timing of your defense strategy.
Despite these risks, the potential benefits of uncovering discrepancies or violations often outweigh the drawbacks.
How to File a Blood Split Motion
Filing a blood split motion involves several steps:
Consult with an Experienced DUI Attorney: Your attorney will assess the specifics of your case and determine if a blood split motion is appropriate.
Request the Reserved Sample: Your attorney will formally request the reserved blood sample from the prosecutor.
File the Motion in Court: If the prosecutor does not provide the sample within the required time frame, your attorney can file a motion in court to compel its release.
Independent Testing: Once obtained, the reserved sample can be sent to an independent laboratory for testing.
Throughout this process, your DUI attorney will ensure that all legal requirements are met and that your rights are protected.
Conclusion
A blood split motion is a valuable legal tool in defending against DUI charges in California. By requesting and obtaining a portion of your blood sample for independent testing, you can uncover potential errors, contamination, or Title 17 violations that may lead to a more favorable outcome in your case.
If you are facing DUI charges, it’s crucial to consult with an experienced DUI attorney who can guide you through the process and determine if a blood split motion is appropriate for your situation.
If you’re in Southern California and need assistance with a DUI case, contact Southwest Legal today to schedule a free consultation. Our experienced attorneys are here to help you navigate the complexities of DUI defense and protect your rights.
