Breath & Blood Tests in DUI Cases
Evidence Used in San Diego DUI Cases
Those who are pulled over by law enforcement in San Diego for suspicion of
drunk driving are usually asked to take a series of
field sobriety tests. This is in order to get more evidence and support the DUI stop,
arrest and charge. In fact,
you are not required under state law to submit to field sobriety testing
or a preliminary breath test, but you are required to take a blood or
breath test after you have been arrested, or you will have an automatic
license suspension among other repercussions.
Mark R. De Yoe, APLC should be contacted immediately if you are facing DUI charges or if you
refused a breath test. The defense of the case starts the moment you have been arrested! Get
a trusted San Diego DUI defense attorney on your side as soon as possible.
Finding Error in the Results
One of the most difficult situations is the matter of breath testing. The
way the process has been developed over the years is based upon testing
that assumes that every individual has a "conversion ratio"
of 2100 to 1 when the body processes alcohol. There are many scientific
papers that refute this legislatively imposed ratio; in fact, and individuals'
partition ratio of alcohol can vary widely, even from moment to moment,
making the situation even more complex.
There are a large number of potential
errors in both blood and breath testing, including:
- Wrongly administered tests
- Faulty equipment
- Lab errors
- Presence of medical conditions
- Sample contamination
- Improper record keeping
Breath test machines work on the basis of converting the amount of ethanol
on a person’s breath (chemical left behind after consuming alcohol)
into an estimated blood alcohol concentration. The most important word
in that last sentence was “estimated.” The most accurate way
to get a blood alcohol reading is by testing the blood itself, rather
than the breath. Even some foods can alter the results of a breath tests.
These tests are also altered by when the alcohol was consumed. Even if
alcohol was consumed in a small amount, if it was consumed not long ago,
it could give a higher blood alcohol concentration reading.
There are other factors that could heavily affect testing results of breath
tests, and your case should be evaluated without delay if you were arrested
after a breathalyzer test or any other type of breath testing device.
Some testing units that are in circulation have a history of errors, and
law enforcement may have failed to correctly administer the test. Blood
test evidence is also open to serious errors, including in factors such
as how the blood was drawn, how it was preserved and how the lab performed the test.
Let Attorney Mark R. De Yoe Fight For You!
The key issue in a DUI charge is
BAC evidence and you deserve to have every opportunity to fight back if you
are accused of DUI! The court will generally examine the police report
to determine what happened when you were arrested, and examine the results
of the field sobriety test, preliminary breath test, and blood or breath
test to determine what your blood alcohol content was at the time you
were driving. Don’t let a faulty sample cause a DUI charge that
affects you for the rest of your life!