Breath and Blood Tests
Challenging DUI Evidence in California
In most cases, if an arresting officer assumes that you are operating a vehicle under the influence of drugs or alcohol, they will ask you to adhere to a breath or blood test. Under California law, all persons must abide by these tests, even if you are sober, because California operates under an implied consent law.
This law assumes that if you are refusing a test, it is because you are most likely intoxicated, otherwise, you would have nothing to hide. These breath and blood tests can be flawed and if you were asked to take one, you may be able to challenge the DUI evidence by working with the Law Offices of Kenneth H. Lewis.
Breath Tests
A breathalyzer test is one of the most common ways for a police officer to discover if you are intoxicated. These tests use an infrared system to determine the total amount of alcohol in your system by a light refraction method that determines the amount of diffused alcohol in your blood. There are defenses that you can use after being arrested based on the results of a breath test and a dedicated attorney can help you determine the best course of legal action to take.
Defenses for breath test results can range from errors made by the machinery to human error on behalf of the officer, to certain medical conditions that can affect the results of the breathalyzer. There are also certain chemicals that can interact and malfunction the device, such as mouth wash and breath spray. Additionally, only an experienced attorney can fully evaluate your individual situation and find all of your potential defenses.
Blood Tests
In some cases a blood test is taken to determine the level of blood alcohol. This is usually done by taking the defendant to a hospital for their blood to be drawn by a nurse. It is then sent to the police lab for analysis, which can take weeks. If the blood alcohol exceeds the legal minimum, the case will proceed to court. There are sometimes good defenses to a blood test result, such as a failure to fully mix the blood sample, improper storage of the blood sample or contamination of the blood sample. An experienced DUI lawyer can help challenge a blood test for you.
Working with the Law Offices of Kenneth H. Lewis
If you have been arrested for a DUI do not delay in seeking experienced counsel. You need to move rapidly to protect your legal rights and determine whether or not there are any viable defenses available. You need help in understanding the legal process, the possible penalties, possible insurance and driver's license consequences.
Don't hesitate to contact the Law Offices of Kenneth H. Lewis for a free consultation as soon as possible.
