If you were arrested and charged with DUI, a breath or blood test was most likely administered by law enforcement to determine whether you were intoxicated. Breath and blood tests are the most common methods utilized by law enforcement to determine blood alcohol concentration in an individual. There are many problems associated with breathalyzer and blood testing techniques and science. For instance, a medical condition like Gastroesophageal Reflux Disease, or GERD, can cause a faulty breathalyzer reading due to mouth alcohol.
If your arrest included a breath or blood test, immediately contact a Fresno DUI attorney at the Law Office of Michael J. Aed to review and evaluate your case and the evidence against you.
Defense Approach To Breath And Blood Tests
In our experience, we have often found that the equipment used was faulty or wrongly calibrated, or had a history of registering incorrect readings. Title 17 of the California Code of Regulations governs the area of alcohol analysis. Title 17 sets forth how often devices used to test blood alcohol concentration must be calibrated and provides the accepted margin of error.
The legal team is extremely familiar with the requirements set forth in Title 17, and in almost every case the team at the Law Office of Michael J. Aed subpoenas records to determine whether or not a blood or breath sample was properly analyzed. We understands the science involved in breathalyzer and blood testing, and put our knowledge and experience to use in defending those accused of DUI. If your blood or breath sample was not properly analyzed, we may be able to successfully attack the evidence against you and succeed in getting the charges dismissed or reduced.
Issues With The Testing of Blood Alcohol Concentration
No test is 100% accurate, including blood alcohol concentration testing. The margin of error in blood testing is only .005%, approximately. However, there are other serious problems with blood alcohol concentration testing. For example, alcohol may have been used to clean the site of the blood draw, affecting the concentration. Also, when the blood is tested, some labs filter it and test the plasma, removing certain parts of the blood. This reduces the total amount of blood and falsely raises the percentage of alcohol. Just because the chemical tests determined your blood alcohol concentration to be .08 percent or above does not necessarily mean you will be convicted of DUI.
Severe Penalties If You Refuse a Chemical Test
Even though chemical tests are imperfect, you must submit to a chemical test if you are arrested for DUI. If you refuse a breath or blood test for alcohol or drugs, the penalty is very severe. Courts often increase your sentence if you are convicted of DUI and refused a chemical test. Even if charges are not filed against you, your driver's license can be suspended for one year if you refuse a chemical test. Known as "implied consent," a condition of obtaining a driver's license is that you submit to a chemical test if arrested for DUI.
It is critical that you contact the Law Office of Michael J. Aed if you have been arrested for DUI and were subjected to a blood or breath test during the course of your arrest. The firm has the experience and knowledge regarding the scientific testing to aggressively and effectively fight for your rights in DUI cases.
Contact a Fresno DUI defense attorney if you have been arrested and charged with DUI.