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

Hermosa Beach, CA |

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

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Attorney answers 4

Posted

It does not. It does not specify.

Posted

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.

Posted

What difference does it make?

Posted

No

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