Fighting DUI Test Results
If you were arrested and charged with drunk driving based on the results of a
blood or breath test, or a
field sobriety test, it is important to understand your legal options. Some people facing DUIs wrongly assumed that if they failed a field sobriety test or if their BAC was above the state limit they have no chance of fighting their charges, and they give up and plead guilty. A knowledgeable and experienced attorney, however, can thoroughly investigate your case and determine whether your results were tainted in any way.
Problems with DUI Test Results
There are three main types of tests given to determine a driver's level of intoxication: breath test, blood test, and field sobriety test. The breath test uses a breath machine to measure the amount of alcohol found in the air from the driver's deep lung region. The blood test involves analyzing a sample of the driver's blood in a lab to assess their BAC. A field sobriety test uses specific coordination and mental challenges to help the officer judge whether the driver is drunk. In many cases, each type of test can have issues that may invalidate the prosecution's evidence in court.
In this method, a breath machine is used to determine BAC, however, there are a number of issues that can taint the results:
- Malfunctioning machine
- Improperly maintained machine
- Officer failed to correctly operate the machine
- Driver burped or vomited prior to taking the test
A blood sample is taken from the driver and analyzed in a lab, and certain regulations must be met for the testing. The evidence could be ruled inadmissible in court if:
- An alcohol swab was used to clean the drawing area
- The lab technician was not qualified
- The chain of custody on the sample was broken
- The sample was mislabeled
- The sample was improperly stored
Field Sobriety Test
The driver will be asked to perform different tests on the side of the road to help the officer determine if they are drunk. The results could be inaccurate and invalid because of such issues as:
- The officer's instructions were unclear
- Poor weather or lighting
- Uneven surface
- Distractions from the road, lights, or spectators
- Unstable footwear
- The driver's physical health
- Nerves, injury, or illness
- Driver's difficulty understanding English
- Officer bias
Challenge the prosecution's evidence!
Okabe & Haushalter is a successful defense firm that has helped countless clients effectively address their DUI charges. We are dedicated to making sure our clients receive fair trials, and our attorneys fight tirelessly to have any invalid evidence thrown out. If you believe your test results were tainted based on any of the factors listed above, do not hesitate to call our firm. We will conduct a thorough investigation into the circumstances that led to your arrest and charges to determine if the prosecution's case is built on weak or unlawful evidence. If we find that your test results were possibly tainted in some way, we will implore the judge to rule the evidence inadmissible and move to have your charges dismissed.
No matter how dire your situation may seem, it is crucial to understand the difference a powerful defense team can make during trial. Our lawyers have vast experience in representing drivers in their DMV hearings and criminal proceedings, and we would be proud to put our proven skill to work for you. When you enlist the firm's aggressive representation, you can be confident that your rights will be relentlessly protected and you will receive a compelling legal voice. If you are facing drunk driving charges in the L.A. area, what are you waiting for? Contact us today for the unyielding advocacy you deserve!