Defense Against Breath & Blood Tests
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If you have been arrested on any DUI charge in California, you have usually had either a breath or blood test administered. If you register a blood alcohol concentration (BAC) level above legal limit of .08% or higher, an arrest will be made. The type of breath test usually administered is a “breathalyzer test.” In Bakersfield, 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 level 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, in most cases the charges against a person will be dropped or at least reduced.
Facts About Blood Tests
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. 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 DUI defense attorneys at The Brehmer Firm 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.
The equipment used in both breath testing and blood testing is required to have been maintained and checked to see if this maintenance has been properly 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, the incorrect administration of the test, or a faulty reading on any of the equipment used. 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.
Let our firm review your legal situation as soon as possible. Contact us today to schedule your free consultation with our dedicated attorneys.