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If you retest blood and it comes back higher or lower do they use the new test results ..?

Newark, CA |

And what if bac is allredy low

Attorney Answers 4


Regardless of how it comes back, the one DA will try to use is the first. If it comes back at a different number, you have a flawed test- whether the new one is higher or lower. If lower, you argue original was artificially high and not reliable. If higher, you argue it was unreliable because of preservative issues.

Talk to your attorney about this. It is a complicated matter

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Ordering a blood split is relatively easy, having it retested a bit more complex, and interpreting the results and deciding whether to use it and introduce it as evidence, requires an attorney. If the results are not favorable, you would not have to share the evidence with the DA. Consult with an attorney in your area about the blood evidence issue as well as the general DUI issue. good luck.

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What we're doing is checking the blood test for blood type n matching to my client. A fairly affordable way to check if sample is really yours. Can do a DNA test, but more expensive.
Spend your time n money on a good attorney who understands the science of alcohol levels and client advocacy.

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As a former Deputy District Attorney and former City Attorney we looked at the blood split with skepticism. It depends on the lab that re tested the blood and the evidence we have on the original chain of custody. The retest is a factor that needs to be weighed amongst all the other facts. That is why it is key to get an attorney who can advocate the strength of new evidence. Good luck.

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