Oakland, CA asked in DUI / DWI for California

Q: I was arrested for DUI's and my blood test was left on the dumpster at the hospital the officer had to go back and

Can this be thrown out .

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3 Lawyer Answers
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Bakersfield, CA
  • Licensed in California

A: If that actually happened, they would lack any realistic chain of custody and certainly would assist your attorney in having any result excluded. However, there are other ways of proving you had too much to drink. Best to hire an experienced DUI trial lawyer to assist you.

David Michael Lehr agrees with this answer

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: Probably not, however I had a case similar to yours (the officer left the sample on the roof of his car) and the prosecutor decided to spare the officer the embarrassment of telling the story in front of a jury by making an offer my client couldn't refuse. Hire a lawyer and see what happens.

Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

it arguably could affect their Chain of Custody and result in the DA making a sweetheart offer to you.

however, there are other ways to prove, or try to prove DUI. The officer can describe your driving, not being able to stand and having to hold onto car door, not being able to perform any of the field sobriety tests etc.

contact a good local DUI attorney asap.

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