Norwalk, CA asked in DUI / DWI for California

Q: good morning, I am currently fighting a dui, by myself, taking it to trial on the basis that the ALCOHOL PREP PAD that

the nurse used, heavily I might add, on my arm PRIOR and immediately before piercing alcohol soaked area w/syringe & drawing blood. now. can I have a test done to where I go have my blood drawn twice, one in each arm, and one w/alcohol pad & the other w/o. AND take the astonishing 27 days before being tested? Proving that the test is insubmissable and that my case be thrown out/dismissed.

I did hire a lawyer, but pos upped and split on me once it came down that trial was my wish, DRAINING my savings in the process, and contributing to my now broken mental state. Severe Depression Disorder, Manic Anxiety...

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2 Lawyer Answers

Mr. Hudson Thomas Bair

  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: Assuming an alcohol swab was used to clean the site (usually they don't use an alcohol swab) you will need to contact a forensic toxicologist who has a lab or has a relationship with a lab to conduct the experiment. Of course, just because you create such an experiment doesn't mean a judge will allow you to provide testimony about the experiment and its results. Further, you will need to hire the toxicologist for trial, to provide testimony regarding the experiment and other aspects of the forensic process that may have broken down in your case.

Marc David Pelta agrees with this answer

Dale S. Gribow

  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

i am sure you realize how costly this all will be.....the costs of a lawyer for trial; a toxocoligist both to run tests and then pay extra for him/her to appear at trial. ...most costs often comes into play when the case is set for trial for one day but the court is congested and the expert has to return for several days.............

remember you are paying the expert for each day and waiting time.

you need to retain a dui lawyer for your case that practices in that courthouse.

if you can afford one please contact me and i will try to give you some names.

Marc David Pelta agrees with this answer

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