Blood and breath tests that are administered by law enforcement for the purposes of determining intoxication are highly regarded by prosecutors for accuracy. In California, a driver is considered intoxicated if his or her blood-alcohol-content level (BAC) is 0.08% or greater. However, blood and breath tests are not 100% accurate and their accuracy should always be questioned. There are an array of different factors that can lead to a false blood or breath test result. Therefore, it is important for individuals charged with driving under the influence (DUI) in Alameda and who submitted to chemical testing to hire an Alameda DUI attorney who knows how to thoroughly investigate the entire test process and be able to devise effective defense strategies.
Blood and Breath Test Errors
As stated, blood and breath tests are prone to a number of different errors. For instance, breath tests can render an inaccurate result if the driver used mouthwash or ate a breath mint just prior to submitting to the test. It is important to realize that while in theory, these tests are supposed to accurately determine one's BAC, they do not always. The conditions in which the test was administered, who administered the test and whether or not certain protocols were followed, are all important issues that have to be fully examined.
For years, it has been shown that there are a number of problems with breath testing equipment. Many of the problems stem from improper calibration and maintenance. However, many other problems exist that can affect the accuracy of the test result, including whether or not there was radio frequency interference. While blood tests tend to be more accurate in determining one's BAC, they, too, are subject to error as well. Many of the errors found with blood alcohol testing are the result of improper administration. For example, the blood test needs to be drawn directly into a glass tube that contains an exact mixture of preservative and an anticoagulant. When this exact mixture is not present, then the blood sample can ferment, causing an inaccurate result.
Help From a Leading Alameda DUI Law Firm!
Blood and breath tests play a critical role in all Alameda DUI cases. In many instances, it is the driver's test result that leads the police to make the DUI arrest in the first place. Fortunately, the “burden of proof” is on the prosecution. The prosecutor must prove that the test equipment was working properly, that the test was administered properly, and that all equipment was properly maintained. Because things get lost, reports are not properly filled out, and procedures are not always followed, being able to prove that chemical test results accurately prove that a DUI defendant was intoxicated at the time he or she was driving, is not always easy to do.
As experienced Alameda DUI lawyers, we will thoroughly examine all aspects regarding the administering of your blood or breath test. We will challenge the completeness of the prosecutor's evidence and the scientific propriety used. When we find that errors occurred during the administering of chemical testing, we will challenge the test results. For years, we have helped clients get their test results thrown out and in many instances, we have successfully obtained a dismissal of all charges.
