Breath & Blood Tests
Work with an Experienced Murrieta DUI Law Firm
Two of the most important aspects of any given DUI case will be the evidence
gathered from the breath and blood tests. For many defendants, these can
seem absolutely insurmountable; it, however, is important to note that
just because you "failed" these tests, does not mean that you
will be convicted. There are ways in which you can challenge the evidence
and fight to have your charges reduced or your case dismissed entirely.
If you would like to get started with your defense,
click here to request your free consultation now
About the Breath Test
One of the most common ways a police officer will determine whether or
not a driver is under the influence is by administering a breath test,
which can be broken into two categories. The first is the
PAS breath test, or preliminary alcohol screening, which is done roadside with a handheld
Breathalyzer. Usually, these are done before the arrest. The second type
of DUI breath test is the
evidentiary test. This is done through a slightly more complex system with a desktop Breathalyzer-usually
at the police station after an arrest has occurred.
In the state of California, the
PAS test is optional unless you are under the legal drinking age or on probation for a previous
DUI conviction. This, however, is rarely explained completely. The second
test is mandatory. Should you refuse to submit to this "chemical"
test, you could be facing additional penalties, such as the immediate
suspension of your driver's license and enhanced penalties.
As previously stated, there are defenses to a "failed" breath test:
- A non-approved breath test device was used;
- The device was not regularly calibrated and tested;
- The person administering the test was improperly trained;
- There was no 15-minute observation period before the test; and/or
- You have a medical condition that caused an error in the reading.
About the Blood Test
Often, people assume that the DUI blood test is more reliable than the
breath test; however, that does not mean that the blood test is entirely
accurate. There are many circumstances in which the blood test could give
a flawed result or be wholly incorrect; in many situations, such flaws
can be attributed to human error.
Some of the most common causes of error in the DUI blood test:
- The blood was somehow contaminated after collection;
- The blood began fermentation within the vial; and/or
- The blood sample was switched / not properly tracked;
If you have been accused of drunk driving and would like to learn more
about DUI breath and blood tests, do not hesitate to get the assistance
of a skilled Murrieta DUI lawyer.
Give us a call immediately!
Our office is located near the Southwest Justice Center in Murrieta and
we represent individuals from the surrounding areas of Temecula, Wildomar,
Menifee, Lake Elsinore, Hemet, Banning, Corona and Riverside.