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Breath and Blood Testing FAQ – Los Angeles DWI Lawyers

If you have been arrested for driving under the influence, and you took a blood or breath test, the DWI lawyers at the Law Offices of Top Gun DUI Defense Attorney® Myles L. Berman can help. Our attorneys have extensive experience fighting DUI cases, and we know first-hand that the results of chemical testing do not always hold up in court. Serving Ventura, Orange County, and greater Los Angeles, our DWI lawyers can help ensure that your legal rights are protected and that you are treated fairly. We have assembled the information below in the hopes that it will serve as a resource for people who have questions regarding chemical testing. To schedule a free consultation, contact our DWI lawyers today. We have obtained successful results for many of our satisfied clients.

• Do I have to submit to chemical BAC testing?
• What are the different types of chemical BAC testing?
• Can the results of chemical breath and blood testing be challenged?

Do I have to submit to chemical BAC testing?

In the state of California, if you are over 21, you are required under the Implied Consent law, to submit to chemical testing after a police officer arrests you for driving under the influence. Police officers will often ask individuals to perform voluntary field sobriety tests first; however, after the field sobriety test or upon an individual’s refusal to do the field sobriety test, the police officer may arrest you and require you to submit to chemical testing. The chemical tests try to determine your Blood Alcohol Content (BAC) at the time of the test. If you have been charged with a DUI, our Orange County, Ventura, and Los Angeles-area DWI lawyers can help.

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What are the different types of chemical BAC testing?

Generally, chemical testing is carried out using one of two methods – blood and breath. Of these methods, breath is less accurate than blood. However, neither are infallible, and our DWI lawyers know how to fight them.

Breath Testing – It is important to note the differences between pre-arrest and post-arrest breath tests. If you are over 21, a pre-arrest road-side breath test, conducted with a hand-held device, is voluntary, and it is your legal right to decline it. Breath tests conducted post-arrest are required by law, and are administered utilizing evidentiary machines. These machines are supposed to sample and measure air from the alveoli region (deep lung air) of your lungs and test for alcohol. A refusal to submit to a blood or breath test after arrest could result in a longer suspension of your driver’s license and additional penalties in the event of a DUI conviction in court.

Blood Testing – A law enforcement blood test is a more accurate and reliable way to determine the BAC of an individual than a breath test. One of the benefits of a blood test is that after a blood sample is taken, it is analyzed at a later date. Additionally, individuals can request the blood sample to be submitted for independent analysis. Only qualified individuals who are experienced in drawing blood can perform a blood test on an individual, as the method in which the blood is drawn can have a direct impact on the results of the test.

If you have been charged with driving under the influence in the greater Los Angeles area, Ventura, or Orange County, our DWI lawyers can provide expert legal counsel and aggressive representation. Contact the Law Offices of Top Gun DUI Defense Attorney® Myles L. Berman today to schedule a free consultation.

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Can the results of chemical breath and blood testing be challenged?

Absolutely. A number of factors can make chemical tests unreliable and / or inadmissible in a court of law. Blood tests can be tainted by non-sterile test tubes, lack of sufficient preservatives and anticoagulants. Alcohol swabs which can also falsely increase the BAC. Breath tests, which are less reliable than blood tests, are also open to attack. Breathalyzers must be properly maintained and operated by trained individuals. Breath testing is also discredited by the presence of mouth alcohol. Our DWI lawyers are well-aware of the fallibilities of chemical testing, and oftentimes are able to help our clients avoid a DUI conviction as well as a DMV suspension.

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Contact Our LA, Orange, and Ventura County-area DWI Lawyers

To schedule a free consultation with experienced and knowledgeable defense attorneys serving Ventura, Orange County, Los Angeles, and beyond, contact our DWI lawyers today. We will dedicate ourselves to your case because we understand how devastating a DUI conviction can be. Our staff has the experience and wherewithal needed to defend against chemical breath and blood test results.

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