If an officer believes you may have been driving under the influence (DUI), they may take a blood test to confirm you were drunk enough to break the law. Blood tests are a gold standard of evidence in these claims, so you may be waiting to get the results back before your case goes forward.
So, how long does it take for DUI blood samples to come back from the lab? The amount of time it takes to complete blood alcohol concentration (BAC) testing depends on several factors, but it’s usually about a month for the labs to process your sample.
During this time, a Los Angeles DUI lawyer can work on your case to see if there is a way to counter the charges against you or lower the sentence. Even if your sample comes back positive, there are ways to fight that evidence to get it dismissed.
Factors in How Long It Takes to Get BAC Test Results
Generally, at the time you get your blood drawn, the arresting officer will explain how long you will have to wait for the results. In California, officers frequently advise drivers that their results should take around a month to get back from the lab.
However, the amount of time it takes to process samples can vary greatly. Samples must be shipped to a laboratory for testing. There may be a delay in getting your results if:
- You live in a large city
- The lab happens to be overwhelmed with other tests
- The test was mishandled or misplaced
The longer it takes to get your results back, the easier it may be for your drunk driving accident lawyer to question the validity of your tests and other evidence brought by the prosecution. Our LA criminal defense lawyers have seen cases where the sample took over six months to get processed.
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Should I Get a Breath Test Instead Since They’re Faster?
You have the choice of getting a breath test or a blood test if the officer believes you only had alcohol. Breath tests are much faster and less invasive, but they have their flaws. If you give any clear indication you may be on other drugs, you can be forced to take a blood test.
Breath tests are less invasive, and they generally return results much faster. However, drivers who complete a breath test:
- Cannot get the sample re-tested in an independent laboratory
- May get an inaccurate estimate of their blood alcohol content (BAC)
Refusing to take any BAC test can result in legal penalties, including extra time in jail, longer DUI school requirements, and extended license suspension. Once you are lawfully arrested for DUI, you cannot refuse to test without penalty in most cases.
Can I Send My Blood to an Independent Lab?
Yes, you can get an independent test by requesting a portion of your drawn blood. Your lawyer will have to file a “blood split motion” to obtain the sample, which you can then send to an independent lab for testing.
If you opt for independent testing, that will also affect how long it takes for your DUI blood samples to move the case forward because both samples must be processed. With independent testing, you can contact your lab to get an idea of how long it will take.
If the samples come back with different results, that could help get the blood tests thrown out of evidence. That will make it much easier to win your case. However, if both tests show you were drunk then your test may work against you. Speak with a lawyer for advice on this option.
What does a Blood Test Have to Show to Prove DUI?
A blood alcohol concentration test shows how much alcohol you had in your body at the time of the blood draw. Drivers can be charged with a DUI if their BAC exceeds the legal limits set by the state. Generally, drivers must keep their BAC below:
- 0.08% if they are non-commercial drivers over 21
- 0.04% if they are commercial drivers over 21 (including rideshare drivers)
- 0.05% if they are drivers under 21
You can still be considered under the influence of alcohol or drugs while having a BAC under these limits if you didn’t drive like a cautious sober person after taking the substance. However, it will be much easier to defeat your charges if the blood test shows you were under these limits.
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Methods to Challenge a DUI Blood Test Result in Los Angeles
A DUI lawyer in Los Angeles can help if your BAC comes back positive for too much alcohol. Your lawyer may be able to dispute the BAC test results by arguing that:
- The officer performed the test improperly
- The laboratory did not follow proper procedures
- The sample was contaminated
- The sample was allowed to sit without refrigeration
Instead of worrying about how long it will take for your DUI blood sample to come back from the lab, consider hiring a lawyer to challenge those results right away. The more time your lawyer has to build up your case, the stronger it will be.
Our attorneys have decades of experience handling criminal cases, and our lead attorney, Michael Simmrin, has a great deal of experience handling jury trials. We’re confident we can handle your case, too. Contact our offices for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form