When the police pull over a possible suspect driving under the influence, there must be reasonable cause to do so. The officer will likely seek to measure the driver’s level of intoxication through the use of a breath or blood test. If a driver is under 21 years of age, their blood alcohol content (BAC) cannot exceed .01%. If the driver is over 21 years of age, their BAC cannot exceed .08%. Those who hold commercial licenses are restricted to a BAC level of .04%.
Evidence from Breath Tests
To measure the driver’s BAC on the scene, the officer may administer a breath test with a breathalyzer. There have been countless cases in which the breath test has faulty results. There could be an inaccurate reading due to faulty or improperly calibrated equipment, a test incorrectly administered, or a medical condition which alters test results. Our legal team has a full understanding of the science behind the tests, and will review all aspects of your breath or blood test evidence to determine if errors have been made.
Evidence from Blood Tests
A blood test can be taken at the police station or hospital. If you are certain your blood alcohol content is below .08%, the blood test can be more accurate at a hospital, and you also have the option of having a blood sample sent to an independent lab for testing. There have been countless cases of errors in blood testing. Medical doctors are aware that test results can be inaccurate and frequently re-test for illnesses and diseases. There is no testing system that is completely infallible.
Get Help Challenging Breath and Blood Test Evidence
The legal team at The Law Offices of Top Criminal Defense Law Firms, APLC has long experience in aggressively defending all types of DUI cases, and challenging breath or blood test evidence can be fruitful when defending our client in court. How the blood sample was handled by the lab could be questioned, or whether the breath test was administered correctly. There is much scientific evidence that could be presented to increase the reasonable doubt that the results of the test were accurate.
Your lawyer can help you better understand the options available to you. We work very closely with experts to question prosecutor’s claims. We are not there to hold your hand and be sympathetic – we are there to fight for you and to reduce the damage through challenging evidence presented by the prosecutor, including breath and blood test evidence.
Contact a San Diego DUI attorney from our team to schedule a free consultation if your arrest included evidence from breath or blood testing.