Toxicological examination is an essential part of a criminal DUI case. This type of test uses a blood or other body fluid samples from the suspect to determine if alcohol is present in the blood. It can also be used to show that a person was under the influence of other drugs or substances. In California, a person with a blood alcohol concentration of 0.08% or higher has committed a DUI.
Toxicology reports use biological samples such as blood, urine, bile, stomach contents, organ tissue, and vitreous fluid. For example, the presence of certain substances in these tests can help determine whether drugs or alcohol contributed to the cause of death in a vehicular manslaughter case. But toxicology reports are often used to prove a defendant's guilt in a DUI case. These reports are crucial for criminal prosecutions and determining if a person is at fault for operating a vehicle while under the influence of drugs or alcohol. The DRE procedure was developed in the early 1980s. Although the actual expert is an important piece of evidence in a DUI drug case, it is not the only form of proof that will be presented in court. The prosecutor can also present blood tests performed by toxicologists and scientific evidence that a person was under the influence of drugs. Regardless of whether a toxicological test is conducted, the prosecutor must prove that the accused was under the influence of a substance. |
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