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Asked in Temecula, CA Oct. 22, 2013 ,  10 answers Visitors: 25
What are my options or best possible outcomes? DUI blood test came back with .13
Data From  AVVO

10 Answers

Anonymous
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Posted on / Oct. 25, 2013 18:44:58

A blood test in Riverside is done by an outside lab. This is mostly to your benefit - as many of the attorneys here on Avvo have commented: the criminal justice system is overwhelmed, and that includes the outside labs that are contracted to do blood tests.

Think of it as "triage" - too many cases, not enough prosecutors and courts = move the cases through quicker. But that means having to make deals, big deals. And, the "stickier" a case becomes, the more likely it is to get a deal.

You should definitely investigate retaining an experienced DUI attorney on this matter. You're going to want someone who understands blood testing (usually done by GCHS) and can properly attack the validity of the BAC result based upon the lack of a amphetamine / metabolite spike.

Yes, you'll have to push the matter toward trial (and possibly even go to trial) in order to bring to bear the pressure needed to achieve the settlement you're after. (Absent some astounding finding or admission of error/mistake, you probably won't get a dismissal from the DA. If that's what you're after, then you're probably going to have to get it from the jury.) But again, that's the way the system currently works. Think: "Squeaky wheel gets the grease."

If you already have an attorney, then he/she should be working on this for you. And, if he/she needs assistance, there are plenty of peers who be happy to lend some advice. If you don't have an attorney, then you should start interviewing qualified DUI attorneys immediately.

Good luck (and congrats on your upcoming graduation.)

Anonymous
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Posted on / Oct. 24, 2013 00:23:10

Facts are a stubborn thing....unfortunately I don't have enough of them to properly answer your question. Obviously the best possible outcome is either a dismissal or an acquittal. What I do know is that DUI's are very complicated matters and you need an attorney that knows how to defend those type of cases.

Anonymous
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Posted on / Oct. 22, 2013 23:05:35

You have raised some interesting issues. The outcome of these cases is so fact-specific and dependent on the scientific evidence that is it difficult to predict outcomes. You should consult with some attorneys privately. Many of us on Avvo provide a free consultation and can provide you with specific, meaningful input.

Anonymous
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Posted on / Oct. 22, 2013 05:59:29

It is worth a closer look if you believe that Adderal should have appeared and it didn't. It's quite possible that isn't your blood. Wouldn't you like to know if that was your blood before you went to trial? Wouldn't you like to know the reliability of the tests, operators, machines used? If so, then you need to retain the services of an attorney who is willing to go the extra mile to find out those facts. You shouldn't just rely on the facts that the prosecution provides because those facts are setup to convict you so you need to get all of the facts before proceeding. Good luck.

Anonymous
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Posted on / Oct. 22, 2013 04:57:10

First off, you shouldn't necessarily be thinking of "trial or bust" at this point. You have viable arguments for winning a suppression hearing, even if you believe the officer had reasonable suspicion to stop you. What about probable cause for the arrest? Based on what, subjective interpretations of FSTs? If you did a blood test, you also may be able to argue something that has recently become known as a "McNealy" motion - no warrant for blood draw.

I am concerned that you already have your report because it means you waited until you received from DMV or Court. Did you request a hearing with the DMV? If so, hiring someone sooner rather than later will help with subpoenas. Hopefully you didn't miss the dmv hearing request deadline. That process can prove to be very beneficial in preparing a defense. I would strongly suggest you contact several local attorneys to discuss your case and options.

Anonymous
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Posted on / Oct. 22, 2013 04:14:36

You really need to speak with an attorney about the specific facts of your
case other than the alcohol results but generally if you plead to a DUI
with the point 13 you would get standard terms and conditions for your area
nothing extraordinary

Anonymous
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Posted on / Oct. 22, 2013 04:09:15

Mr. Kaizuka and Mr. Hill have both provided excellent answers , so I will just add one more thing. I see you listed your location as Temecula. If you were, in fact, arrested in Riverside County, please be aware that the entire court system there is currently overwhelmed by a high volume of cases and limited resources. In my experience, chaos like this usually favors the defense, and Riverside's situation is no exception. Even if the facts of your case don't seem particularly favorable to a strong defense, a persuasive attorney might be able to convince an overwhelmed prosecutor to reduce the charges just for the sake of getting the case settled early and off the court's busy calendar.

Anonymous
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Posted on / Oct. 22, 2013 03:57:00

The DA in the court where your case will be handled rarely goes to trial. They simply don't have the man power or court resources. If you have the money to commit to trial, if necessary, you might get a substantially better result than 10 days pseudo - jail, probation, $$$, classes, etc.

Ask someone who just won not guilty verdicts in a DUI trial where the defendant was clearly convictable @ southwest justice center...

Anonymous
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Posted on / Oct. 22, 2013 03:48:38

First of all, congratulations on your upcoming graduation. That's great.

The best possible outcome obviously is dismissal. A "blood expert" can tell you if your Adderall could have or did elevate the ethanol quantify in your blood to skew the blood alcohol levels higher than what would be normal for the amount of alcohol consumed. A blood expert may also be able to find fault with the protocol followed by the lab (especially the chain of custody of the sample). Are you diabetic? Do you have any blood abnormalities? Do you have any liver or kidney problems? All these things are factors in the accuracy of the blood alcohol measurement..

The best outcome realistically is probably a "wet reckless" after all is debated.

Anonymous
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Posted on / Oct. 22, 2013 03:43:37

Hopefully, you have already consulted with an experienced DUI attorney regarding your case. If so, he or she should be able to talk to you about your blood test questions. If not, you should consult one. In general, if there was bad driving, the standardized field sobriety tests were conducted, and the officer's observations, if it indicated impairment will not be good for you if it consistent with a blood alcohol result of a .13. On the other hand, if your alcohol consumption is inconsistent with a .13 BAC coupled with a negative for Adderall even though it should have been there, perhaps a retest of the blood by an independent lab is in order. These are all things that can be investigated prior to making the decision to go to trial. The retest can determine whether the blood is consistent with your blood type, whether the preservatives to prevent fermentation of the alcohol is within the limits, and what the BAC now is based on a retest. Research AVVO and look for an experienced DUI lawyer in your area who is also a member of the California DUI Lawyers Association (CDLA). Many will give an initial free consultation. Good Luck!

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