If you are arrested for suspicion of driving under the influence of drugs or alcohol you may be required to submit to a blood or breath test in order to determine your blood alcohol concentration (BAC). DUI testing is often criticized as being inaccurate, particularly when it comes to breath tests. In fact, breathalyzer tests are often challenged for innaccuracy. As a result blood tests are often considered the most reliable method of measuring BAC. Despite being known for reliability, it still may be possible to challenge the results of a blood test. There are a number of circumstances that could lead to inaccurate blood test results, for example, if the test was not administered properly. An experienced DUI defense attorney can examine the details of your case and determine the best course of action.
Problems with blood tests in DUI cases
Knowing that blood tests are susceptible to a variety of problems is precisely why the California Code of Regulations established rules that must be followed when law enforcement personnel are testing blood samples. If these rules are not followed when the blood test is administered it could compromise test results. If it can be proven that the blood test was not administered properly it may be possible for an attorney to fight your DUI charges.
You may be wondering what is involved in determining if the blood test was administered incorrectly. One method is by having the blood retested. If the blood is retested at a private, independent laboratory it may uncover issues that could have led to inaccurate results when originally tested. Typically, issues associated with blood tests occur during the collection of the blood sample. This is exactly why professionals who take blood samples must be properly licensed and certified following California Code of Regulations standards. If your blood was taken by someone who was not properly trained, for example, it could increase the change of the sample being contaminated which could lead to inaccurate test results.
An attorney may also be able to call into question the actual methods that were you used to test the blood sample. In most instances law enforcement uses a Gas Chromatograph to analyze blood. The Gas Chromatograph is a highly sophisticated piece of technology far beyond the scope of this article, however, it is for this reason that tests conducted using a Gas Chromatograph must be done using a very specific method to ensure accurate results. Failure to adhere to these instructions could produce inaccurate readings. If the worker conducting the test was not properly trained, or failed to administer the test following the strict instructions necessary, it may be possible to challenge the results on the basis that the method necessary to produce an accurate reading was not followed.
Hiring a DUI Defense Attorney
If you have been arrested for DUI it can be extremely stressful and have both personal and professional consequences. These matters should not be left up to chance; you owe it to yourself to contact a skilled criminal defense attorney immediately. A DUI charge can have significant penalties but there are a number of valid arguments that can be made on your behalf to defend you. The Law Office of Gregory W. Fox offers free initial consultations and in most instances an appointment can be scheduled for the same day. Contact us today at (559) 222-5800.