Orange County DUI Breath and Blood Test Lawyer

Fullerton Breathalyzer Test Process

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:

• 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.

Fullerton Blood Test Process

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:

• Having a trained technician onsite to draw the blood.
• Sterilizing the draw site with something other than an alcohol based product.
• Making sure there are adequate levels of preservatives and anticoagulants in the vial to prevent clotting.
• Placing the blood sample in a proper storage device within an allotted amount of time.

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.