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Subjected to a Breath Test? Get a Veteran of the San Diego Court System On Your Side

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 the following:

  • 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!

Mark R. De Yoe, a skilled San Diego DUI lawyer, has extensive scientific knowledge in both breath and blood tests and can evaluate your case immediately. What are you waiting for? Contact our firm today!

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