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Following an arrest for a first offense DUI in Las Vegas, you must be given an opportunity to choose between an evidentiary breath or blood test.
If it’s a second or third DUI arrest, the police will draw blood with no option for a breath test.
The DUI suspect's blood is drawn into two vacuum tubes which hold 10 ml each and should have sodium fluoride and potassium oxalate powder in them to preserve the blood. The blood must be properly mixed with the powder and stored near freezing temperatures until time for analysis. The blood is then warmed and mixed with a control so it can be analyzed on a gas chromatograph for alcohol quantification (a gas chromatograph and/or mass spectrometer if drugs are suspected).
The accuracy of this analysis is only as good as how careful the technician is and the upkeep and maintenance on the machines.
A True DUI Attorney has the scientific knowledge to challenge the reliability of the machine and its results. Very few lawyers nationally, much less in Las Vegas, have the scientific knowledge and skill to effectively attack the blood analysis on the basis of the lab’s maintenance and calibration records.
