Errors in Breath and Blood Tests

Get Help from a San Diego DUI Attorney

If you were arrested and charged with driving under the influence after submitting to a breath or blood test, it's important to know that these results can be contested in court. In numerous instances, testing errors and existing medical conditions can cause a breath or blood test to give a false reading.

Having an experienced litigator on your side with the knowledge and insight to challenge the findings of the tests can make a significant difference in the outcome of your case. Contact a DUI attorney today to discuss your legal needs and options.

Common Errors in BAC Testing

If you are given the option of submitting to either a breath test or a blood test, it is generally believed that if given properly a blood test is the most accurate. However there are several steps in the process of administering a blood test in which errors can occur including:

  • Collecting the sample
  • Maintaining sterile equipment
  • Preserving the sample and avoiding fermentation issues
  • Timely analysis of the sample

If the test that you submitted to was a breath test there are many factors that can add to the possibility of a false reading. The breath to blood ratio or "partition ratio" that needs to be determined to decide if an individual is legally inebriated has a standard that can itself be incorrect. Individual partition ratios can vary greatly from person to person so the standard partition ratio will not be correct for each individual. In addition, there are other factors that can affect a correct analysis such as temperature, blood type and gender of the individual.

Furthermore, if the exact proper procedure is deemed to have not been followed in any step of the process of administering either the blood or breath test it can be considered grounds for dismissal. Be certain to bring the best defense to you side by procuring a skilled and proven DUI attorney. For more information about how a blood sample can be contaminated and the DUI defenses that could be used on your behalf, click here.

Let Our Team Fight for You!

Attorney Mark R. De Yoe, APLC has been serving the San Diego area for over 28 years, assisting clients in over 1,000 DUI cases. Attorney De Yoe brings a personalized and humanistic approach to each client, representing all areas of DUI defense including DUI arrests, breath and blood tests and errors in breath and blood tests. Contact a San Diego DUI defense lawyer from the firm today to get started on the best strategy for your case.