Defense Against Breath & Blood Tests
Get Legal Representation in Bakersfield
When arrested on any
charge in California, you have usually had either a breath or blood test administered.
If you register a blood alcohol concentration (BAC) level above legal
limit of .08% or higher, an arrest will be made. The usual type of breath
test is a "breathalyzer test." In Bakersfield, law enforcement
uses tests that have often been found "inherently unreliable".
This test uses your breath to measure the BAC level. The formulas used
in the machine to compare your breath alcohol level to your blood alcohol
level are commonly inaccurate, which is why you must challenge those tests.
When it can be shown that there is a possible error in the test, in most
cases the charges against a person will be dropped or at least reduced.
If you believe this may be the case in your situation, it is crucial that
you contact a qualified
Bakersfield DUI attorney if you have been administered one of these tests resulting in a reading
above the legal limit.
Facts About Blood Tests
While blood tests are considered to be more accurate, no test in existence
is 100% accurate. In some incidents, the crime lab may intentionally order
test tubes that regularly contain less than 1/5 the required amount of
preservative to insure the blood does not ferment. They intentionally
wait from days to weeks and sometimes months before testing, which allows
the fermentation process to occur. That fermentation process, as in beer
or wine, produces higher levels of alcohol in your blood.
The DUI defense attorneys at Middlebrook & Brehmer, LLP can enlist
the help of an independent toxicologist to support your defense if you
have been administered a blood test that resulted in a DUI charge. The
suppression of evidence is part of what an experienced and creative DUI
lawyer will do to defend you. If the evidence against you is in question,
it can be challenged in court. These court challenges have resulted in
hundreds of cases where the charges were
The equipment used in the breath testing and blood testing is required
to have been maintained and checked to see if this maintenance has been
properly done. A machine is only accurate if measured against a known
standard. If the specific device used has a history of error, this can
also be brought to the attention of the court. There are many factors
that can influence BAC tests, such as a physical or medical condition,
the incorrect administration of the test, or a faulty reading on any equipment
used. Any evidence against you will be carefully reviewed by our firm
in order to aggressively fight your charges. Regardless of your circumstances,
it is crucial that you speak with a legal professional right away.
Let our firm review your legal situation as soon as possible.
Contact us today to schedule your free consultation with our dedicated attorneys.