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.
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.
Common Causes of Error in DUI Blood Tests
- The blood was somehow contaminated after collection
- The blood began fermentation within the vial
- The blood sample was switched or not properly tracked
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, Winchester and Riverside.
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!