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Is the RN or the police officer supposed to shake vial after DUI blood draw?

Hermosa Beach, CA |
Filed under: DUI DUI court

Does Title 17 specify who is required to mix the anticoagulant and the blood before analysis?

Attorney Answers 4

  1. The law is silent on shaking or or who can shake. It simply provides that the blood shall be mixed with an anticoagulant and a preservative. However if your police officer did the shaking, you can go ahead and object and move to exclude and see if you can convince a Judge that that is part of the collection and therefore requires a person authorized by Section 13354 of the Vehicle Code; in this case the nurse.

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