Defense Against Breath & Blood Tests
Were Your Blood Alcohol Levels Above the Legal Limit?
If you were arrested for a DUI offense in California, it is likely that you were asked to take a breath or blood test. If you register a blood alcohol concentration (BAC) level above the legal limit of .08% or higher, an arrest will be made. The type of test usually administered is a “breathalyzer test.”
Law enforcement uses tests that have often been found “inherently unreliable.” This test uses your breath to measure the BAC level. The formulas used in the machine to compare your breath alcohol to your blood alcohol level are often inaccurate, which is why challenging these tests is essential.
It is crucial that you contact a qualified Bakersfield DUI attorney if you have been administered one of these tests resulting in a reading above the legal limit. When it can be shown that there is a potential error in the test, the charges against a person will be dropped or at least reduced in most cases.
To learn more about your rights and legal options after a DUI arrest, contact a Bakersfield DUI lawyer at Brehmer Law Corporation for a free initial consultation. Call (661) 430-0868 today.
Challenging the Results of a Blood Test
While blood tests are considered to be more accurate, there is no test that is 100% accurate. In some cases, the crime lab may intentionally order test tubes that regularly contain less than 1/5 of the required amount of preservative to insure the blood does not ferment. The sodium floride and potassium oxalate do not prevent ethanol from increasing in the blood vial after the blood draw. They intentionally wait days, weeks, and sometimes even months before testing, which allows the fermentation process to occur. That fermentation process, as in beer or wine, produces higher levels of alcohol in your blood.
The Bakersfield DUI attorneys at Brehmer Law Corporation can enlist the help of an independent toxicologist to support your defense if you have been administered a blood test that resulted in a DUI charge. The suppression of evidence is part of what an experienced and creative DUI lawyer will do to defend you. If the evidence against you is in question, it can be challenged in court. These court challenges have resulted in hundreds of cases where the charges were completely dismissed.
Know Your Rights After a DUI Arrest in Kern County, CA
The equipment used for BAC testing must be maintained and checked regularly to see if maintenance has been done. A machine is only accurate if it is measured against a known standard. If the specific device in question has a history of error, this can also be brought to the attention of the court.
There are several factors that can influence BAC tests, such as:
- Physical or medical conditions
- Incorrect administration of the test
- Faulty reading on the equipment
Our firm will carefully review any evidence against you in order to aggressively fight your charges. Regardless of your circumstances, it is crucial that you speak with a legal professional as soon as possible. Brehmer Law Corporation offers free consultations, so please don't wait to call.
Contact our firm today to schedule your free consultation with our dedicated DUI attorney.