When you face DUI charges, breath and blood tests are key pieces of evidence that the prosecutor will you against you. These tests measure your blood alcohol level. Knowing how these tests work is vital for your defense.
Many people don't know that these tests can be wrong. Breath and blood testing are an imperfect science. Equipment might not work right, samples could be mishandled, or health issues can affect results. A good DUI lawyer can spot these problems and fight the test results.
Breathalyzer, aka Preliminary Alcohol Screening (PAS), tests are always important. Police use them to find probable cause to place a driver under arrest for DUI. Evidentiary breath tests and blood tests, taken after a person is arrested for DUI, are used by prosecutors in court as proof that the driver was impaired.
If you're charged based on these tests, don't lose hope. The right defense can change the outcome of DUI cases with careful analysis of breath and blood test results. Contact Berglund Law Office, P.C. today at (877) 667-1205 or submit our CONTACT form to schedule a free and confidential consultation with a Los Angeles DUI lawyer.
Key Takeaways
- Breath and blood tests are central evidence in most DUI prosecutions
- Chemical testing for DUI cases can be subject to errors and improper administration
- Legal BAC limits vary by driver classification
- Test results can be challenged on scientific and procedural grounds
- Refusing chemical tests carries its own set of legal consequences
- Medical conditions and certain medications can affect test accuracy
- Consulting with a Los Angeles DUI defense attorney is critical before making decisions about your case
Understanding DUI Chemical Testing in California
DUI chemical testing is key in most DUI cases in California. It checks for alcohol or drugs in a driver's system. This gives clear evidence for courts and law enforcement.
The Science Behind Blood Alcohol Concentration (BAC)
Blood Alcohol Concentration shows how much alcohol is in your blood. Alcohol gets into your blood through your stomach and spreads through your body. Your weight, gender, and how fast you metabolize alcohol affect your BAC levels.
Per Se Laws
Per Se laws say drivers are considered drunk at certain BAC levels, even if they're not acting drunk. Adults usually face a 0.08% limit, while commercial drivers have a 0.04% limit. Underage drivers and drivers on probation for a previous DUI have a 0.01% limit.
Implied Consent Laws Explained
California's implied consent law says that you agree to DUI tests when arrested for suspected drunk driving. Refusing can lead to losing your license. The driver's license penalties for refusal are much harsher than if you are above the per se limit.
If you're facing DUI charges, CONTACT Berglund Law Office, P.C. for a free consultation to discuss your rights and defenses.
Breath Tests in DUI Cases: What You Need to Know
Law enforcement uses breath tests as key evidence in DUI cases across California. These tests measure alcohol in breath to guess blood alcohol content. The reliability of DUI breath tests varies between roadside (breathalyzer or PAS devices) and police station devices.
Roadside tests give quick results but are less accurate than police station machines. Police stations use Intoxilyzer, Datamaster, and Alcotest machines. These use infrared or fuel cell tech to analyze breath.
Before testing, a 15 minute wait is needed to avoid mouth alcohol effects. Officers take multiple samples to check consistency. The machines must be regularly checked and maintained.
Things that can affect breath test results and help challenge DUI test results include:
- Lack of proper calibration records
- Improper test administration
- Radio frequency interference
- Temperature variations
- Certain medical conditions like GERD
- Recent use of alcohol-containing products like mouthwash
- Operator training deficiencies
Breath tests have limits. The standard error is ±0.01%, which is crucial near the legal limit of 0.08%. This uncertainty can help defend against breath test evidence in court.
Blood Tests in DUI Cases: Procedures and Protocols
Blood tests are the most reliable evidence in DUI cases. They directly measure alcohol levels, unlike breath tests. This makes them more accurate.
Chain of Custody Requirements
The DUI blood sample chain of custody must be kept intact. Each sample is labeled with the suspect's details and the collector's signature. This ensures no tampering or contamination.
Lab Testing Procedures and Potential Errors
Blood alcohol testing procedures use gas chromatography and flame ionization detection. This method separates and identifies alcohol in blood. However, errors can happen due to storage issues, equipment problems, or contamination.
Timing Considerations for Blood Draws
Blood draw timing in DUI cases is very important. Tests done too long after driving can be unreliable because it makes it hard to know the driver's BAC at the time of driving.
Prescription Medications and Their Impact on Blood Tests
Prescription drugs DUI testing looks for drugs that can affect driving. Drugs like benzodiazepines, opioid painkillers, and antidepressants can lead to DUI charges. Even with a prescription, it is not a valid defense to a charge of driving under their influence. Any drug that impairs your ability to safely operate a motor vehicle, prescription or not, can be the basis of DUI charges.
Common Legal Challenges to DUI Breath Tests and Blood Tests
DUI test results are not always accurate. Many things can make them unreliable, giving a chance to defend yourself. Knowing these weaknesses is key when facing DUI charges.
Questioning Breathalyzer Calibration and Maintenance
Breathalyzer problems are a strong defense. These machines need regular checks and exact calibration to work right. Lawyers can ask for maintenance records, usage logs, accuracy checks, and calibration logs to spot issues like:
- Expired calibration certificates
- Improper testing intervals
- Faulty reference solutions
- Device drift affecting accuracy over time
Challenging Blood Sample Handling
Blood tests seem more reliable but have their own issues. Poor handling can mess up results, giving reasons to question DUI tests. Key problems include:
- Improper storage causing fermentation
- Expired collection kits
- Breaks in chain of custody documentation
Medical Conditions That May Affect Test Results
Some health issues can make breath tests show wrong results. GERD, acid reflux, and diabetes can mess with readings. Auto-brewery syndrome, where the body makes alcohol, can also lead to false positives.
If you think your test was wrong because of these reasons, get a good lawyer. A skilled attorney can find testing mistakes and plan a strong defense. If you've been arrested for DUI, call Berglund Law Office, P.C. today at (877) 667-1205 for a free and confidential consultation.
Consequences of Refusing Chemical Testing
Refusing a breath or blood test during a DUI stop leads to serious consequences under California's implied consent law. In order to get a California driver's license, you must agree to chemical testing if you are arrested on suspicion of DUI.
The first DUI test refusal consequences are usually a 1 year license suspension for first-time offenders. This penalty is often harsher than having a DUI with a .08 percent or higher because it results in a "hard suspension" that doesn't allow for you to obtain a restricted license following the suspension.
In court, refusing a test can be seen as admitting guilt. Even if you refuse, the police may still get a warrant and take the blood without your consent.
Creating a good DUI defense strategy means understanding these risks. Possible defenses include not understanding the warnings due to language barriers, or physical issues that make taking the test impossible. While refusing can limit evidence against you, it still comes with big penalties and rarely stops prosecution.
- Automatic license suspension
- Potential use of refusal as evidence in court
- Possibility of forced blood draws via warrant
- Enhanced penalties in many jurisdictions
Conclusion: Securing Legal Representation for Your DUI Case
If you've been arrested for DUI, getting a good lawyer is key. DUI cases involve complex testing that needs expert knowledge. A skilled lawyer can spot and challenge any issues with your test results.
Knowing the science and law behind DUI tests is crucial. It's also important to act fast. You must request a DMV hearing within 10 days of the arrest or you forfeit your right to fight the administrative suspension.
If you have been arrested for DUI, call Berglund Law Office, P.C. today at (877) 667-1205 or submit our CONTACT form to schedule a consultation.
