Corona, CA asked in DUI / DWI for California

Q: i have a drug dui, but on my blood sample it is dated the day before my arrest ? it just seems like it might not be mine

would it be a reason to get that evidence throw out?

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3 Lawyer Answers
Dan Moseley
Dan Moseley
Answered
  • DUI & DWI Lawyer
  • Fresno, CA
  • Licensed in California

A: Yes, the wrong date could indicate the test result is not based on your sample. But it could also be a clerical error of lesser impact. In either case, there are many ways that a drug test can become tainted and unreliable as evidence of guilt. You may want to discuss the matter in greater detail with an attorney. Good luck!

1 user found this answer helpful

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

A: Maybe. You should hire a lawyer to investigate the "chain of custody." Usually, with evidence there is a log that tracks the movement of the evidence, in the case of a blood sample, it usually includes the vial serial number and then the date, time and name of every person touching the evidence as it moves from your arm to the lab for testing.

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

A: IT DEPENDS......

YOU SHOULD RETAIN OR REQUEST A PUBLIC DEFENDER.

S/HE WILL READ THE REPORTS TO SEE IF THERE IS A GOOD ARGUMENT FOR GETTING THE READING THROWN OUT.

HOWEVER, THE DA CAN MOVE FORWARD WITHOUT ANY READING AND BY SHOWING

HOW YOU SPOKE, STOOD, ANSWERED QUESTIONS, PERFORMED FST'S ETC

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