When you get a license to operate a motor vehicle in California, you give implied consent to submit to a breath or blood sample to determine sobriety if you are pulled over. Refusing to submit to one of these will mean an automatic one-year suspension of your driver’s license and an increased DUI penalty. There are, however, many innate weaknesses in these chemical tests. By working with a skilled attorney from our firm—one who has vast legal experience with these types of cases—we can work together to get this evidence thrown out.
Weaknesses of Breath & Blood Tests
Police standardly use the breath test but it has a high incident of error, which when shown to the court by Okabe & Haushalter, can result in a successful motion to have the test evidence thrown out. Since these are sensitive instruments, they need to be maintained and calibrated on a regular schedule. Therefore, errors can occur if the testing equipment is not properly cared for.
Other factors that could create errors have to do with the conditions present in the person being tested. For example, heartburn or acid reflux can produce mouth alcohol that will give a false read. Certain diets such as the Atkins can cause the production of isopropyl alcohol.
Blood tests are also prone to contamination and, if your blood sample has been preserved, your lawyer can ask for an independent analysis of the blood. Common errors with this specific kind of chemical test include the administration of the test itself (ex: swabbing the drawing area with an alcohol-based solution) or how the blood sample is handled (ex: breaking the chain of custody).
Aggressive Defense from a Skilled Criminal Law Firm
Speak to us before you do anything or make any statements to the police. The criminal defense attorneys of Okabe & Haushalter are experienced in defending DUI charges. We can provide you with aggressive, experienced legal counsel. We are headed by a former Deputy District Attorney, Ryan J. King, who makes sure all our clients cases are provided with thorough legal strategies.