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.
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, factors such as mouth alcohol,
heartburn, acid reflux, certain diets, and a rising blood alcohol level
can each influence the results of a breath test and may product a false
BAC reading. 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.