A blood result looks like a fact and behaves like a document. California puts the collection, preservation, retention and reporting of that sample under Title 17 regulations and under the Vehicle Code, and each of those requirements is a place where the record either exists or does not.
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Or call (408) 745-4909Vehicle Code section 23612 provides that a person who drives a motor vehicle is deemed to have given consent to chemical testing of blood or breath for the purpose of determining alcohol content, and to a blood or urine test for the purpose of determining drug content, if lawfully arrested for an offense allegedly committed in violation of section 23140, 23152 or 23153 (Vehicle Code 23612). The statute states that the testing is incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving in violation of those sections. It gives the person the choice of a blood or breath test where both are available, requires that the person be advised of that choice, and provides that if the person is incapable of completing the chosen test the other must be submitted to. Section 23612 also states that the person is not entitled to have an attorney present before stating whether they will submit to a test, and that a refusal may be used against the person in court.
Section 23158 restricts the draw to a defined list acting at the request of a peace officer: a licensed physician and surgeon, a registered nurse, a licensed vocational nurse, a duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, a person issued a certified phlebotomy technician certificate under Business and Professions Code section 1246, unlicensed laboratory personnel regulated under sections 1242, 1242.5 and 1246 of that code, or a certified paramedic authorized by an employer to do so (Vehicle Code 23158). Subdivision (b) gives the person tested a separate right at their own expense: to have a qualified person of their own choosing administer a test in addition to any test administered at the direction of a peace officer.
Title 17 of the California Code of Regulations, section 1219.1, sets the collection rules. Blood must be collected by venipuncture as soon as feasible after an alleged offense and processed in compliance with Vehicle Code section 23158. Alcohol or another volatile organic disinfectant must not be used to clean the skin, and the regulation names aqueous povidone-iodine or aqueous benzalkonium chloride as suitable alternatives. Samples must be collected using sterile dry hypodermic needles and syringes, or clean dry vacuum-type containers with sterile needles, and reusable equipment must not be cleaned with or kept in alcohol or other volatile organic solvents. The sample goes into a clean dry container closed with an inert stopper, and the blood shall be mixed with an anticoagulant and a preservative (17 CCR 1219.1).
The same regulation requires that in order to allow for analysis by the defendant the remaining portion of the sample be retained for one year after the date of collection, with at least 90 days in coroner and medical examiner cases. It further provides that where a sample is requested by the defendant and sufficient sample remains, the laboratory, law enforcement agency or coroner's office in possession of the original sample shall continue that possession but shall provide the defendant with a portion of the remaining sample in a clean container, together with a copy or transcript of the identifying information carried on the original container (17 CCR 1219.1). The one-year retention period is why the calendar matters. A request made late in a slow case can arrive after the period has run.
Section 1220.4 governs the reporting of results. All analytical results are stated in terms of alcohol concentration in blood based on the number of grams of alcohol per 100 milliliters of blood, with tissue and breath results excepted. Results are reported to the second or third decimal place, and when reported to the second the digit in the third is deleted. Concentrations of less than 0.010 percent in living subjects may be reported as negative, and less than 0.020 percent on post-mortem samples may be reported as negative. A breath concentration is expressed as grams of alcohol per 210 liters of breath, and a urine concentration is converted to a blood concentration by dividing by 1.3 (17 CCR 1220.4). Vehicle Code section 23152(b) uses the same definitions, describing percent by weight as grams of alcohol per 100 milliliters of blood or per 210 liters of breath (Vehicle Code 23152).
Two record sets sit behind a blood case. The department's file starts with the officer's sworn report, which section 13380 requires, and section 13557 requires the department to review that report and determine by the preponderance of the evidence whether the stated facts are established (Vehicle Code 13557). The court's file is the criminal case, answered for a San Jose arrest at the Hall of Justice at 190 West Hedding Street (Santa Clara County Superior Court). This page is general information about California law and is not legal advice. Anyone whose case involves a blood result should speak with a licensed California attorney; the attorney who advertises on this site can be reached at the number posted here.
DUI Blood Test Defense Lawyer in San Jose. Call (408) 745-4909 and a San Jose lawyer reviews the claim and the deadline that applies. Nothing is signed on that call.
Call (408) 745-4909Santa Clara County Superior Court lists the Hall of Justice at 190 West Hedding Street in San Jose as the criminal courthouse handling matters for San Jose, Milpitas, Los Gatos, Saratoga, Monte Sereno, and Santa Clara.
Why it matters: For a San Jose criminal DUI case, the court notice must be checked against the local criminal venue, department, and appearance date. A DMV hearing is separate from this court process, so one notice never replaces the other.
Source: santaclara.courts.ca.gov
The California Office of Traffic Safety recorded 8,745 people killed or injured in fatal-and-injury crashes in Santa Clara County in 2023, including 1,030 in alcohol-involved collisions.
Why it matters: A DUI accusation can arise from a routine stop or a collision, and a collision creates a wider evidence record. Vehicle damage, scene documentation, dispatch audio, witnesses, medical records, and test records may all require prompt review alongside the DMV action.
Source: ots.ca.gov
California DMV describes Administrative Per Se as an immediate action against driving privilege only. DMV says its sanctions are independent of court-imposed criminal penalties, and a person has the right to request a hearing within 10 days of receiving a suspension or revocation order.
Why it matters: A San Jose DUI arrest can create a DMV licensing matter before the criminal case progresses. The hearing request and the court appearance must be treated as separate jobs, because waiting on the criminal calendar can cost the chance to contest the DMV action.
Source: dmv.ca.gov
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