Challenging the results of a blood alcohol content (BAC) test can be a large part of a comprehensive defense strategy when you are charged with DUI. Proving that blood alcohol testing has been tainted can render the test results inadmissible in court and can cause the DUI charges against you to be dismissed. The DUI defense attorneys at The Kavinoky Law Firm leave no stone unturned when challenging the police procedures pertaining to your DUI arrest.
The arresting police officer may choose from two testing methods to attempt to determine if you were over the limit while driving. The two most commonly used are breath tests and blood tests and both have a number of potential flaws that may render their results inaccurate or questionable.
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Breath Tests
One of the problems with the accuracy of DUI breath tests is that the test seeks to measure the amount of alcohol that has been absorbed into a DUI suspect’s deep lung tissue. In so doing, the amount of alcohol in one’s mouth may also be recorded. Alcohol can be present in the mouth for reasons other than drinking such as one having a pre-existing medical condition, acid reflux disorder or even routine heartburn. Recent dental work can produce loose particles of dental materials used for fillings and other dental procedures that may contain alcohol. Mouthwashes, lozenges, cold medications and other over-the-counter products may contain alcohol as well.
Other aspects of BAC testing results that can be challenged are the maintenance of the testing equipment and the training of the officer who administers the test. BAC testing devices are sensitive medical equipment that must be regularly maintained according to specific legal requirements. A maintenance log should be examined to see if it complies with the requirements. Further, officers must be specifically trained to use and maintain these devices. The fact that an officer lacked the necessary training could render testing results invalid.
Yet another aspect of a BAC test result that can be challenged is that it takes up to three hours for alcohol to be absorbed into the blood stream. Given this large window of time, an individual could, in fact, be sober when pulled over and arrested, yet have an illegal BAC when the tests are given minutes or hours later.
Blood Tests
The accuracy of blood testing is even more suspect than breath tests because of the specialized training that is necessary to procure, handle, and preserve a blood sample. Blood samples can be tainted, improperly sealed and improperly stored once in the possession of the police.
Just because you are charged with DUI in California doesn’t mean that you are guilty. Forensic Alcohol Experts can be employed to challenge every aspect of the equipment, training, and results of the BAC tests that are being used against you. Challenging BAC test results may be an appropriate line of defense for you. Call us today for a free telephone consultation.
