Breath & Blood Tests

Riverside DUI Lawyer

If you have been stopped for suspected DUI, it is likely that the police asked you to take either a breath test or blood test to determine if you were driving while intoxicated. If your results show a percentage of .08 BAC or higher, you will be charged with DUI. This may seem cut and dry, but the fact is that the police have to follow exact procedures for a breath test or blood test to be valid.

Defense Against Breath Test Results

A breath test does not directly measure the level of alcohol in the blood, but rather the amount of alcohol on the individual's breath. This number is then multiplied by a factor to determine the percentage of alcohol in the blood. The driver will be asked to submit to a breath test, which can be administered by a breathalyzer or other type of breath machine. This testing is not exact, and rather the results are an approximation. They may be challenged if:

  • The breathalyzer has not been recently calibrated.
  • You suffer from a physical condition such as diabetes.
  • You have a cold or fever.
  • The police failed to turn off their radio before administering the test.
  • You burped or vomited.
  • The weather is cold and the breathalyzer is not adjusted.

It is the police responsibility to check for these things and administer the test properly, and if they fail to prevent such errors, the results of the test may be invalid.

Fighting Blood Test Results in Riverside

The amount of alcohol in the blood can also be measured by drawing a sample of the driver's blood and having a trained technician analyze it in a lab. Though directly measuring BAC, a blood test can be tainted or determined invalid if police or lab technicians fail to follow procedures. Results may be called into question if:

  • The technician is not properly certified.
  • The skin is cleaned with alcohol prior to drawing the sample, which contaminates the reading.
  • The sample is not properly refrigerated.
  • The chain of custody of the sample is broken.

Choose skilled legal advocacy!

We are among the few defense attorneys in the state who are Certified Specialists in Criminal Law. From Attorney Paul Grech's years as a prosecutor and now as a defense attorney, we are intimately familiar with breath and blood test procedures and how to challenge them. We urge you to contact our Riverside criminal defense lawyers for a free consultation. You have only 10 days from arrest to appeal your license revocation; do not wait to contact our team.

  • Certified Specialist in Criminal Law
  • Former Deputy District Attorney for Riverside County
  • Personally Handled 100+ Jury Trial Cases, Including the Death Penalty
  • Selected for Inclusion in the List of Southern California Super Lawyers®
  • Named in the Top 100 Lawyers by the National Trial Lawyers
  • AV® Preeminent Rating by Martindale-Hubbell® in the Field of Criminal Law

Make the call that could change your life.

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