The three types of chemical DUI testing include: Breath, blood and urine. An experienced criminal defense attorney will know how to point out the legitimate reasons why a chemical test was faulty. A rising blood alcohol level may show that the BAC would have been lower at the time of driving than when the accused was tested. There are also defensible issues such as whether the results were even accurate, whether there was drinking after driving, and finally whether driving occurred within three hours of the chemical test. Finally, there must generally have been volitional movement of the vehicle before you can be charged with DUI in California. There are many ways for an experienced attorney to whittle away at the trustworthiness of the prosecution’s evidence and to prevent them from meeting their burden of proof beyond a reasonable doubt regarding the chemical test(s).
Breath Testing
There are many reasons for falsely high breath tests. The 15-minute observation period mandated by Title 17 of the California Code of Regulations may not have been complied with, or the accused may have burped, regurgitated or vomited within 15-minutes of taking the breath test. Medical conditions (Gastro Esophageal Reflux Disease, Irritable Bowel Syndrome, or Acid Reflux Syndrome) or dental work (dentures or bridgework which may trap mouth alcohol) could account for an inaccurate test result. The breath sample could have been tainted with mouth alcohol or the breath-testing device may not have been operating properly. A qualified DUI defense attorney will check the calibration and accuracy logs for the machine to ascertain whether or not the results are accurate, and will confirm whether the officer even followed the training protocol.
Blood Testing
The blood sample can be drawn or stored improperly, or it may be tainted with improper levels of preservatives, all of which can give a false BAC result. If the blood test results are truly suspect, a blood-split should be done to confirm the results.
