California Breathalyzer and Blood Test Challenges

California Breathalyzer and Blood Test ChallengesOur long and intensive experience with the defense of first-time DUI and felony drunk driving charges enables us to achieve outstanding results for our clients even in the face of high blood alcohol concentration (BAC) readings based on breathalyzer or blood tests. California DUI defense lawyer Randy Moore has a national reputation as an aggressive and highly effective advocate in drunk driving defense, based largely on his willingness to try cases with evidence of the defendant’s high BAC at the time of arrest. To learn how our understanding of the technical aspects of DUI cases can help you defend against any drunk driving charge, contact our attorneys for a free consultation.

At the time of arrest, the motorist suspected of drunk driving is given a preliminary alcohol screening or portable breath test by the law enforcement officer. Although the results of this test are not admissible in court against the defendant, a positive reading of intoxication will support the decision of the officer to arrest the suspect and arrange for the breathalyzer or blood test that will provide the official blood alcohol reading to support the DUI charge against the defendant.

You do not have the right to refuse a breathalyzer or blood test, and if you do, your license will be suspended for at least one year under the implied consent law. You do have the right to challenge the results of the test in court.
Our twenty two years of experience with DUI defense have taught us never to take a breathalyzer test at face value. Our familiarity with toxicology and close working relationships with forensic experts allow us to develop and present strong defenses with respect to any one or several of the following weaknesses in blood alcohol testing:

  • Calibration and maintenance of the breathalyzer
  • Qualifications and certification of the technician administering the blood or breath test
  • False BAC readings based on food, prescription medications, or drug interactions
  • Fermentation of stored blood samples due to poor refrigeration
  • False BAC readings based on “mouth alcohol” concentrations due to acid reflux, dentures or gum cavities, hiccups, heartburn, or other symptoms of gastroesophogeal reflux disorder (GERD)

We understand that there are many reasons why a blood alcohol test might overstate a defendant’s BAC, and we also know how to make a jury understand those reasons as well. For a free consultation about our ability to mount an effective challenge to BAC evidence in your DUI case, contact us.

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