A blood split motion is a request to the court to release a portion of your DUI blood sample so an independent laboratory can retest it. The goal is to check the accuracy of the government's blood alcohol result with a second, independent analysis.

When you take a blood test in a DUI case, the sample is preserved rather than used up. That leaves enough for a second test. Through a blood split motion, your attorney arranges for part of that sample to be sent to a private lab of your choosing. If the independent result comes back meaningfully lower than the prosecution's, it raises doubt about the reliability of their number and can weaken or unravel the case.

The retest can also expose problems with how the blood was handled. Blood samples can ferment if not stored properly, which can artificially raise the alcohol level. The preservative and anticoagulant have to be correct, the chain of custody has to be intact, and the analysis has to follow proper procedure. An independent test can bring those issues to light.

This is one reason a blood test can be worth more scrutiny than a breath test, because there is something left to examine. Learn how to request a blood test and how BAC defense challenges chemical evidence.

This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.