What is a DUI forensic toxicology anaylsis? How is the DUI forensic toxicology analysis used in a criminal DUI case in California?
The purpose of a toxicology examination in a criminal DUI case is to evaluate if an individual was under the influence when operating a motor vehilce as alleged in the criminal DUI complaint. In a forensic toxicology report, anaylsis is perfomred to determine if drugs or alcohol are in the DUI defendant's system, and what was the level of the drugs or alcohol in the DUI suspect's system. The toxicology report frequently checks for alcohol, barbiturates, cocaine, methamphetamine, opiates, codeine, morphine, and cannabinoids (THC and related compounds), among other things.
What types of samples do they use for a forensic toxicology report? Blood test, urine test, breath test. Gas chromatography–mass spectrometry is a way to detect if there are drugs or alcohol in a test sample.
In order to satisfy the burden or proof, if the DUI case is contested at a trial for the DUI, the state would most likely have to produce a Forensic Scientist to provide their anaylsis of the DUI test sample (blood, breath, or urine) and authenticate the forensic toxicology report. This expert witness is generally paid by the county. Issues regarding the qualifications of forensic scientist may arise such as what is the background of the expert? How many times has the expert testified for the state? What were the procedures for the testing? What was the chain of custody for the DUI test sample? What was the method used for the DUI test sample? What was the calbration of the testing devise? Was the DUI testing devise within an acceptable range for the calibration that provided a reliable result? Were the DUI toxicology records kept in the normal course of business? More to come soon.
Can the government compel a hair sample?
If you require the further help of an Orange County DUI lawyer, please feel free to contact a DUI attorney in our Orange County office. Attorney Vincent J. Russo is experienced in California DUI Law and can assist you with your driving under the influence charges in Southern California Courts Such as the Orange County Central Courthouse, Newport Beach Courthouse, Westminster Courthouse, Fullerton Courthouse, Long Beach Courthouse, and North County San Diego Vista Courthouse. Orange County DUI Attorney Vincent J Russo can also help you with the related Southern California DMV driver's license legal issues frequently associated with California DUI/DWI charges. Contact a lawyer to protect your rights.
Orange County DUI Lawyer Vincent J Russo will zealously represent your legal interests in your criminal DUI proceedings. Contact a DUI lawyer that can help.
- (1st Offense)
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Vincent J. Russo
Attorney at Law
5020 Campus Drive
Newport Beach, CA 92660
D.U.I. .08 or higher
23152 California Vehicle Code.
In California, pursuant to California Vehicle Code § 23152, the legal limit for driving under the influence (D.U.I.) is .08 or higher. You can even be charged with DUI if your BAC is below .08 if your driving ability is impaired. more..
What is a felony D.U.I.?
23153 California Vehicle Code.
You may be chargedwith a felony DUI in California if the DUI resulted in an injury to someone. more..
D.U.I. California Disocvery
What is the DUI Discovery?
Are you confused about the Criminal DUI Court process in Southern California? What information and evidence is the DUI defense entitled to in the criminal court proceedings? What information is the DUI defense entitled to at the DMV License suspension proceedings? more..