Can I have my blood draw thrown out as evidence? 3 Answers as of January 02, 2014

After being arrested for a DUI collision (my vehicle vs a curb), a probationary officer obtained my blood. I was able to question the officer at my DMV hearing based in his report. He didn't know what the nurse used to clean my arm or what their name was. He said they drew it, handed him the blood and he put in refrigerator. In addition, there are numerous errors and contradictions in report. I don't remember the majority of this especially the accident. My boyfriend was called after and asked if he was one of the people running from car(he was an hour away) so I'm not even sure I was driving, or who was I told one officer I was and another I wasn't. Again, I don't remember. I know the CAC title 17 1219. One has very strict laws on blood draws just wondering if this was right or possibly could be suppressed.

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Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
You can attack the blood draw as non-consentual because you were coerced by implied consent into taking the test (see Schmerber v. California and McNeely v. Missouri). You can also use the same cases to attack the blood draw as not done pursuant to accepted medical practices. There has to be some evidence of this (1) the cop is not qualified and (2) what he said does not show the test was done by accepted medical practices.
Answer Applies to: California
Replied: 1/2/2014
Steven Alpers | Steven Alpers
It is possible, however, there is usually a report from the person who drew the blood that they did not use alcohol swabs to clean your arm.
Answer Applies to: California
Replied: 1/2/2014
Hudson Bair | Hudson Bair
You should hire a lawyer, under these facts you have issues that may result in the exclusion of your blood sample but you have other issues that may also help defend you from these charges.
Answer Applies to: California
Replied: 1/2/2014
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