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If you have been arrested for driving under the influence (DUI) in Orange County, it is likely because you failed a breath or blood test administered by a police officer. Blood and breath tests are some of the most frequently used methods used by law enforcement officers to determine a driver's blood alcohol concentration (BAC). Any driver who registers at 0.08 or higher on a blood or breath test will be arrested and charged without fail.
If you have failed a DUI breath or blood test, do not delay in contacting an experienced Fullerton breath and blood test defense lawyer from The Law Offices of Jacqueline Goodman. With a Board Certification in Criminal Law, Attorney Jacqueline Goodman brings hard-hitting, quick-thinking defense to every case she takes. When you cannot risk your future with a DUI conviction, choose her to fight on your behalf.
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 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:
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.
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 it is possible to challenge even these test results 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:
Attorney Jacqueline Goodman knows how to identify whether or not these protocols were strictly followed, and she can investigate any suspicions of incorrect blood test results. She can work to challenge your results by having your blood sample retested by a private laboratory, which could expose serious testing errors from the first sample that spiked your reported BAC level.
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. She understands both the law and the science behind BAC testing to best improve your chances of preventing 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 Attorney Goodman is on your side.
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