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When a suspect is pulled over on suspicion of driving under the influence, it is likely that they will be run through what is known as DUI testing to determine their level of intoxication. These can include everything from field sobriety tests to urine tests, however, the most common forms are the breath and blood tests. These both take different samples and are different levels of complications, but both work at attempting to build evidence against the defendant – not to prove them innocent.
If you have recently been arrested for a DUI and are looking for an aggressive Los Angeles DUI attorney to help you protect your legal rights, do not hesitate to get the involvement of Okabe & Haushalter. Over the years, we have successfully proven that we can help clients with complex DUI cases. We know what is on the line and we are prepared to go the distance in our efforts to helping our clients defend their legal rights. We know the ways in which we can challenge breath & blood tests and we are prepared to go the distance in our efforts to helping clients protect themselves against a wrongful conviction.
One of the first forms of testing that is often utilized is that of the breath test, commonly taken with what is known as the Breathalyzer. This test is simple and requires that the subject breathes into a handheld machine which samples the breath. This can then deliver a reading on the blood alcohol concentration (BAC) of the subject; if it is over 0.08 percent it can give the law enforcement officer evidence to arrest for drunk driving. This, however, is often a test that can be prone to error and can result in serious erroneous readings.
For example, should the defendant fail to take a deep breath, it can cause them to breathe from their mouths instead of deep from their lungs – this can cause a faulty reading. Similarly, if there is the existence of mouth alcohol or if the test is administered in the absorptive phase, then the reading can’t be trusted. The most common source of error, however, is the fact that these machines are incredibly delicate and require consistent calibration to ensure that they are working. If they are not maintained perfectly on schedule, an experienced attorney will be able to work with you to combat the evidence.
The blood test is commonly believed to be the most reliable form of testing and in many ways this is true. This form is tested requires that a blood sample be drawn and then sent to a lab for testing. While this is scientific and very formulaic, it can still be prone to error. One prime example of a cause of the error is the fact that the sample is required to be stored in a very specific manner. If it isn’t (for example, if preservatives aren’t properly mixed in or anticoagulants not used), then the sample can “go bad.” Another source of error is that the chain of custody can somehow become broken – making it an unreliable form of evidence.
When you are dealing with criminal charges pertaining to drunk driving, you need an aggressive attorney that you can rely upon. We encourage you to turn towards the legal team at our firm. As one of the premier criminal firms in South Bay, CA, we have proven our mettle time and time again. You can be confident knowing that should you choose to work with our firm that we will go above and beyond in our efforts to provide high-quality legal assistance when it matters most.
To learn more about breath and blood tests, please contact a Los Angeles DUI lawyer!