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 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.