Can BAC Evidence Affect DUI Defense?

Our San Diego DUI Lawyer Fights BAC Evidence

One of the things that determines if you will be arrested for a DUI charge is the BAC (blood alcohol content) results from either a breath or blood test. BAC is used to measure the amount of alcohol in the blood, which increased the more alcohol you have consumed. Law enforcement will use this information to show that you were legally over the legal limit of 0.08% to operate a vehicle. Although this is the most important piece of evidence, it is incredible to know that many cases in which an individual was convicted may have had errors in breath or blood test evidence of BAC. Some of the factors that can affect this evidence involve the breath to blood ratio, also termed partition ration, the presence of mouth alcohol, or samples that have been compromised before testing.

The current method of testing for BAC assumes that each person breaks down alcohol in the same manner, which is an incorrect assumption. Each person processes differently. Attorney Mark R. De Yoe knows that the cards are stacked against you in a DUI case and has over 30 years of experience proving his client’s innocence. When you are fighting against these charges, you need proven representation that delivers results.


Act fast! Call San Diego DUI attorney Mark R. De Yoe, APLC if you have been arrested for DUI.


How is blood alcohol content determined?

The key component of blood alcohol content is the total weight of alcohol in relation to a certain amount of blood. BAC can be tested using breath, blood, or urine.

There are numerous factors that affect BAC readings, including:

  • Device used to administer DUI breath and blood tests
  • Calibration and testing of the devices
  • Training of the person administering the tests
  • Medical conditions
  • Environmental contamination
  • Residual mouth alcohol

It is also true that the person's ability to process alcohol changes throughout the day. This has been proven in various studies undertaken over the years, and a recent case in the California Supreme Court even recognized how shaky BAC evidence can be. Since there is no solid way to truly determine a person’s BAC at the time they were driving, an experienced DUI defense attorney can examine the evidence in the case, hire an experienced toxicologist to test the sample, or question the methods used to obtain a BAC reading.

Get Help from Mark R. De Yoe, APLC

If you have been arrested and charged with DUI, the best thing you can do is to schedule your free evaluation with Attorney Mark R. De Yoe at once. If you get legal representation immediately after your arrest, you can improve the possibility of a successful challenge of the BAC evidence. Our firm knows what to do and how to best navigate the legal system on your behalf, particularly in situations involving the science behind BAC evidence. With so much to lose, your best chance at beating your charges is aggressive and swift DUI defense from our San Diego DUI lawyer.

If you are looking for more information about your case and whether or not you may be facing DUI charges, call our firm or read our page Could You Be Found Guilty of DUI?