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Breath and Blood Test After a DUI

Arrested for DUI in Orange County?

If you have been arrested for DUI in Orange County, it is likely because you failed a breath or blood test administered by a police officer. These blood and breath tests are some of the most frequently used methods of determining a driver's blood alcohol concentration in the state of California, and our state laws forbid a person to drive if their blood alcohol concentration (BAC) is 0.08% or greater. As a result, those who are suspected of having a BAC of this level or higher will be subjected to a breath or blood test.

If you have failed a DUI breath or blood test in Orange County, do not delay in contacting an experienced DUI defense lawyer at The Law Offices of Jacqueline Goodman. Call today to request your free and confidential case evaluation.

About Breathalyzer Tests in Orange County

Breathalyzer devices are the preferred tools used to detect an individual's BAC through their breath. Even though breath testing is the most common method that Orange County law enforcement officers use to arrest drivers for DUI, it is also subject to a wide range of testing errors that have been proven in various cases. The science behind the breathalyzer instrument operates on fuel cell technology and/or infrared spectroscopy. These technologies essentially convert the percentage of alcohol in a person's breath into the amount of alcohol that is present in their blood, but this conversion process is not always reliable.

Every individual has a unique chemical makeup, and factors such as a person's physiology, the environment, and procedural errors can all distort the results of a breath test.

For example, the following factors can influence the results of a breath test and may produce a false BAC reading:

  • Mouth alcohol
  • Heartburn
  • Acid reflux
  • Certain diets
  • Rising blood alcohol level
  • Mouthwash

Additionally, procedural errors on the part of a law enforcement officer can also distort a breathalyzer's test results. Examples of these procedural errors may include a failure to test the breathalyzer equipment beforehand, improper police conduct before or during the test, and Title 17 violations regarding the collection, storage, and analysis of the test results.

Blood Testing for DUI

DUI blood testing is considered to be the most foolproof of DUI testing methods and is seen as more reliable than breath tests. Blood testing is still susceptible to error, however, and our firm has seen DUI charges resulting from blood tests effectively challenged in court. California DUI laws discuss blood testing in detail and outline certain conditions that law enforcement and medical personnel must follow in order to ensure accuracy and prevent contamination. Some examples of these rules, which are listed in full in Title 17 of the California Code of Regulations, include having a trained technician on site to draw the blood, sterilizing the draw site with something other than an alcohol based product, and making sure there are adequate levels of preservatives and anticoagulants in the vial to prevent clotting. Additionally, the blood sample needs to be adequately mixed with the anticoagulants and preservatives and properly stored in order to ensure that it has not been contaminated.

Our firm knows how to identify whether or not these protocols were strictly followed, and we will investigate any suspicions of incorrect blood test results. We can work to challenge your results by having your blood sample retested by a private laboratory, and will work tirelessly to identify other potential errors. Even if your BAC was over .08%, an independent laboratory may find that it only registered that high because there were mistakes made during the testing process.

Why work with an Orange County DUI attorney?

Ultimately, your ability to effectively challenge your DUI test results rests upon the abilities of your DUI attorney. Without the help of a legal professional who is experienced in handling these cases, you may be defenseless against a prosecutor who will try to convict you of the maximum penalties available under California DUI law. When you choose to work with the Law Offices of Jacqueline Goodman, however, you won't have to worry about showing up in court with no legal evidence or support for your defense against your DUI. Our team of skilled professionals will fight to defend your rights and your future, and we will start your investigation as soon as possible.

In the past, we have helped many individuals accused of DUI avoid the serious penalties of a conviction. Regardless of whether you were arrested for a DUI because of a failed field sobriety test, breath test, or blood test, you can rest assured when you know that you have an experienced DUI lawyer on your side. You should never assume that you are guilty just because you have been arrested.

Contact an Orange County DUI lawyer at our firm today to discuss your DUI arrest and your failed tests.

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