Blood and breath test results often make for a stronger case for the prosecution. Nonetheless, it does not mean that all is lost even if your test results reflected that you were over the legal limit. Blood and breath tests are certainly prone to errors and an experienced Napa DUI attorney knows how to expose these errors and overcome the detriments that stem from the test results.
About Blood Tests
If administered properly, blood tests are the most accurate tests for measuring a person's blood-alcohol-content (BAC) level. They are more reliable than breath tests; however, they are not infallible. A key issue when it comes to blood testing is the integrity of the blood sample. Most often, because blood tests are not administered properly and the sample is not properly preserved, the blood sample will ferment, clot, or be unreliable because bacterial growth occurred. The result then is an erroneous rendering of a driver's true BAC.
Even if a blood test is administered properly and the sample preserved correctly, it does not necessarily mean conclusively that a driver was intoxicated at the time he or she was “driving.” Because alcohol levels do change with time, a result of .08% or more does not necessarily mean that the driver was over the legal limit at the time he or she was actually “driving.” One of the first things that drivers should do when submitting to blood tests is enforce their right to have a blood sample preserved for independent testing later on. The benefit of getting an independent test conducted is that it may be established that your BAC at the time of driving was in fact “below” the legal limit. In addition, an independent lab will be able to determine if the proper amount of anticoagulant and preservatives was used, whether there is any bacterial activity, and if the blood sample is actually yours.
About Breath Tests
The most common method used by the police for determining if a driver is intoxicated and over California's legal limit is a breath test. There are a number of different types of breath machines utilized by the police, including the Intoximeter, the Datamaster, the Draeger, and the EC/IR, but the most commonly used one is the Preliminary Alcohol Screening (PAS) Device. All of these machines operate differently and all of them are subject to problems and reading errors.
For many years, it has been found that breath test machines are prone to errors, many of which are because of improper calibration and maintenance. In addition, it has been found that radio frequencies sometimes interfere with test results as does what a person may have consumed before taking the test. For instance, onions, carbonated soda that contains fruit flavoring, and peppermints can have an affect on the result.
Experienced Napa DUI Lawyers
Experienced Napa DUI lawyers will fully investigate all aspects of their clients' blood or breath tests. They will probe into such issues as whether or not the test was administered properly, whether the proper “chain of command” was followed, samples preserved, and where the test was administered. If any discrepancies are noted, most often the knowledgeable Napa DUI lawyer will be successful in getting the results suppressed in court.
As experienced Napa DUI lawyers, we possess the knowledge and the means to conduct a full investigation into all aspects of your DUI case. Our highly trained staff will leave no stone unturned when it comes to creating the best Napa DUI defense. Contact us today and let us help you attain the best possible outcome in your DUI case!
