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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9339
Experience:  Since 1983
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Is it true that, in California, the state has only five days

Customer Question

Is it true that, in California, the state has only five days to test a blood sample taken in a dui case. I can't find any statute or case law that says such a thing. I fear my attorney might just is just trying to pad his hours.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 8 years ago. states
Even in a blood tube containing sodium fluoride, Candida albicans, the most common microbial culprit of ethanol production in blood samples, can produce ethanol. Blume, Bacterial Contamination on BAC Stability, 60 American journal of Clinical Pathology 700 (1973). Specimens stored at room temperature for more than five days showed significant alcohol formation

I have not found a law requiring the blood sample to be tested within 5 days, but maybe your attorney is trying to establish a precedent based on the scientific information about fermentation of blood samples.

I think your attorney is not crazy.

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