Defenses for Blood Tests in Southern California
Blood tests, although often more accurate than breath tests, are still subject to their own set of inadequacies and can be attacked in court. Just like breath tests, blood tests do not take into account an individual’s weight, metabolism, and rate of alcohol absorption. The blood alcohol level in a person may vary based on these factors; therefore having one set standard of measuring the blood alcohol level in a person is not necessarily accurate. In fact, many tests and media studies of the equipment used for the tests and how the results can fluctuate based on time and other factors have proven that the tests are in no way 100% fool proof.
Blood Tests in California
If you have submitted to a blood test, your DUI attorney may be able contest its results. By conducting an independent analysis of the blood sample, your attorney may be able to show an error in the analysis of the results or in the blood sample itself. Contaminants, such as a rubbing alcohol swab before taking your blood, can render the results unreliable. Anticoagulants and preservatives are two substances which must be added to a blood sample for its results to be as accurate as possible. There are several possible defenses your DUI lawyer may use if you have submitted to a blood test, such as:
– Was sufficient preservative used to ensure that the collected blood was properly stored for testing?
– Was there any contamination at the time the blood was drawn?
– Did the person shake the vial after adding your blood and the anticoagulants/preservatives? If not, the sample may not have been preserved properly. The chemicals must mix with the blood to be effective.
– An error in the analysis of the results themselves may have occurred. By conducting an independent analysis, your DUI attorney may be able to prove this.
By doing an independent test of your blood sample, your DUI lawyer may be able to prove the blood alcohol level alleged by the prosecutor is inaccurate. Many times the blood alcohol level is lower by .01, .02, and even .03. This could mean the difference between a .10, and a .07, which is under the legal limit. Also, medical issues, such as diabetes, can make your blood alcohol results higher than they truly are.
Questioning the Validity of Breath Tests
The Los Angeles DUI lawyers at DUIAttorneyLosAngeles.org will work to develop a courtroom strategy to contest the validity of the breath test that was used to determine your blood alcohol concentration.
Blood alcohol concentration, or BAC, is the concentration of alcohol in your blood and is what law enforcement officials use to determine whether or not you are guilty of a DUI offense. Many errors may be made in how a breath test is administered, how the machine is calibrated, and how the results are interpreted. In addition, each person’s body and its functions are different and this may affect your breath test.
An experienced DUI attorney at our office may be able to use any one of a number of defenses in regard to these chemical tests. As former DUI prosecutors, our defense specialists are keenly aware of the most effective courtroom approach to questioning the validity of your breath test.
Validity of Breath Tests & Breathalyzers
The results of a California breath test will depend upon several factors, all of which may adversely affect your results:
– Your body weight
– The quantity and rate of alcohol ingestion
– Your metabolism
– The rate of alcohol absorption
– The amount of air you blow into a breathalyzer
– Your body temperature
– Medical issues (such as acid reflux)
– Braces, dentures, or similar oral fixtures
– Special diets, such as low carbohydrate-high protein diets
Different types Of Breath Tests
There are two general forms of breath tests which may be used by California law enforcement agencies to determine whether a person’s blood alcohol level is above the legal limit. One is a portable breath testing device (a PAS device), and the other is a breath testing machine that is used at the police station, otherwise known as the evidentiary breath testing machine.
Portable breath tests, as well as breath and blood tests taken at a law enforcement agency, are known for their inaccuracy and susceptibility to operator error or misuse. Both PAS machines and evidentiary breath test machines have records of each test, result, calibration, etc. and your DUI attorney can get these records and examine them for errors or signs that the results are incorrect. If you submitted to breath testing and were found to have a BAC of .08% or above, you may be able to contest those findings with the help of your DUI attorney. A skilled DUI attorney will be certified in administering these machines and will know their weaknesses.
Our DUI Defense Specialists: Southern California Courtrooms
Our skilled DUI attorneys at DUIAttorneyLosAngeles.org are aware of all of the issues affecting the validity of your blood test, and will identify them before litigating your case in court. We have obtained the dismissal and reduction of DUI charges throughout Southern California because we pursue an aggressive courtroom defense. We are available 24/7 for an immediate consultation.