Los Angeles DUI Breath and Blood Test Lawyers

Let Our Firm Challenge the Results

While DUI breath and blood tests are widely considered to be scientifically accurate, several potentially serious flaws with breathalyzers and blood tests can create inaccurate readings and place innocent drivers under criminal suspicion. If you were arrested for DUI or questioned about drunk driving after a traffic stop, get legal advice to determine if breath and/or blood test results may be harm your case. Our Los Angeles DUI breath and blood test attorneys at Stephen G. Rodriguez & Partners can help you.

To schedule a free consultation, call (213) 481-6811 or contact us online today.

California Implied Consent Law

In California, the Implied Consent Law requires drivers lawfully arrested on suspicion of DUI to submit to a chemical test to determine their blood alcohol content (BAC). This test may be conducted through either a breath or blood sample. Refusal to comply with this requirement can lead to automatic penalties, including license suspension and fines.

It’s important to understand that while the law requires you to take a chemical test post-arrest, you are not obligated to submit to a preliminary alcohol screening (PAS) breath test unless you are under 21 or on probation for a previous DUI offense. PAS tests, typically administered before an arrest, are optional, and it’s often in your best interest to decline them politely. Once you are formally arrested, however, refusing the chemical test (breath or blood) can carry significant legal consequences.

Breath Tests

A breath test is one of the most commonly used methods by law enforcement to measure a driver’s BAC in DUI cases. Two types of breath tests are typically administered:

• Preliminary Alcohol Screening (PAS) Test: A handheld device used at the scene before the arrest, usually during traffic stops or DUI checkpoints. PAS tests provide initial readings but are less accurate than post-arrest devices and not always admissible in court.
• Evidentiary Breath Test: This test is typically conducted at a police station using more sophisticated equipment, such as the Intoxilyzer or Alco-Sensor. Unlike PAS tests, results from evidentiary breath tests are generally admissible in court as evidence.

Blood Tests

A blood test is another method law enforcement may use to determine your BAC. Unlike breath tests, blood tests directly measure the amount of alcohol in your bloodstream, making them one of the most accurate forms of BAC testing. Blood samples are taken by trained medical personnel, and the sample is then sent to a lab for analysis.

Legal Challenges to DUI Breath and Blood Test Results

Challenging the accuracy and validity of DUI breath and blood tests can be a powerful defense strategy. Here are some common avenues through which our attorneys may contest these test results:

• Questioning the Reliability of the Testing Equipment: Breath test devices must be properly maintained and calibrated according to strict protocols. Equipment that has not been regularly maintained or calibrated may produce inaccurate results. We investigate whether the breath testing device used in your case meets these requirements.
• Analyzing the Testing Procedure: Protocol violations by law enforcement during breath or blood testing can lead to inaccuracies. For instance, officers must observe drivers for a specific period before administering a breath test to ensure no mouth alcohol remains. A failure to follow these procedures may result in flawed evidence.
• Examining the Chain of Custody for Blood Samples: Blood samples must be handled and stored under precise conditions to ensure accuracy. If there is any gap or inconsistency in the chain of custody, it can raise questions about the reliability of the evidence. Our firm scrutinizes every detail of the chain of custody to identify any weaknesses in the evidence.
• Evaluating Medical Conditions and Medications: Certain medical conditions, such as diabetes or acid reflux, can cause falsely elevated BAC readings in breath tests. Additionally, medications and recent dental work can affect breath test results. We work closely with medical experts to evaluate whether any health conditions or medications could have impacted your test results.
• Lack of Probable Cause or Warrant Violations: If law enforcement lacked probable cause to pull you over or failed to obtain a proper warrant for a blood test, we can argue for the suppression of any resulting evidence. Violations of your constitutional rights are grounds to exclude certain evidence from the case, which can significantly impact the outcome.

Ready to Fight for You Today!

At Stephen G. Rodriguez & Partners, we employ an aggressive defense strategy to ensure that each client’s case has the opportunity to be dismissed or have the sentence significantly reduced. Using a creative and innovative approach to construct your defense, we are prepared to challenge evidence associated with DUI testing as a way to fight charges. Our attorneys operates on the basis that testing methods can be imperfect and knowledge of this fact can open the door to chemically related defenses. Put another way, the most successful defense attorney is the one who takes special interest in learning all the science of DUI detection.

Our defense team members have been trained in DUI field sobriety test protocols. We also stay updated on methods that indicate faulty procedures or results coming from breathalyzers, blood tests, and urine tests to help level the playing field for your case.

Find out more about how a DUI breath and blood test attorney in Los Angeles could help you. Contact us today to schedule your free case review with our compassionate and experienced DUI defense team.