Breath and blood tests often work in conjunction with field sobriety tests in order to prove that a driver was intoxicated or under the influence of a controlled substance while operating a motor vehicle. A breath test or blood test alone may also be grounds for an Alameda County DUI charge, and as such it is very important to understand how these tests work, what faults they have and how an attorney can challenge them in court and at your DMV hearing.
Hayward & Pleasanton DUI attorney Lynn Gorelick has over 30 years of legal experience and fully understands how to effectively represent clients facing drunk driving charges. Even in the presence of a failed or refused breath test or blood test, Ms. Gorelick understands how to approach a case in order to challenge test results or work to prove that her client actually did not refuse a test.
Chemical test results can vary based on a number of factors
Individual results and the approach used will vary from case to case and client to client, but following are some important factors that Ms. Gorelick can take into account in challenging breath or blood tests:
- Did the defendant burp, regurgitate, eat, drink, smoke or chew gum in the 15 minutes prior to the breath test?
- Was the breath or blood test administered properly and by a qualified professional?
- Was the breath test machine properly calibrated per state standards?
- Was the blood sample handled properly?
Find out if there's a problem with the chemical testing in your case
If you were arrested for DUI and took a breath or blood test that showed a result above the legal limit (.08%) there is still hope. The test could have been wrong, and it will be up to your lawyer to determine how to prove this in court and at your DMV hearing in order to protect your freedom and driving privileges.