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Many drivers in the US are arrested under suspicion of driving under the influence of alcohol or illegal drugs every day.
DUI Issues: Breathalyzer & Blood Tests
When a person is suspected of driving under the influence of alcohol in California, they may be asked by law enforcement to take a blood and/or breathalyzer test. Each test is designed to measure the driver's blood alcohol level. If a person's blood alcohol content (BAC) is over .08, they may be charged with driving under the influence (DUI). Enhanced DUI penalties may result if the driver has a BAC over .20.
If you have been arrested for DUI in California, the important thing to know is that the results of a breathalyzer or blood test may be challenged by a criminal defense attorney. A defense lawyer may seek to suppress evidence of these tests and could challenge the validity of the test results at trial as well.
DUI Defense Attorneys - Riverside and San Bernardino County
If you have been arrested for DUI in Riverside or San Bernardino County, contact the experienced DUI defense attorneys at Harmon & Harmon. Even if you had a BAC over .08, there are still many defense options available to you.
If we are retained to handle your case, we will carefully examine the evidence to provide a vigorous defense on your behalf. We will ask key questions on your behalf:
- Did the police officer have reasonable suspicion to stop your car?
- Did the officer properly administer the breath test and/or field sobriety test?
- Was the breathalyzer machine properly calibrated?
- Has evidence from a blood test been contaminated?
- Did the police have probable cause to make a DUI arrest?
- Is there a basis to suppress evidence of a breath/blood test?
The breath test is administered by the police officer and can be attacked in a number of ways. We can obtain the maintenance and calibration records of the machine used to see that it was properly inspected, tested and maintained. We can determine if the officer was properly trained to use the machine. We can determine if the test was administered properly in accordance with standard police operating procedures.
With a blood test, the police are required to keep the blood properly preserved so a defendant may hire an expert to perform an independent test of the blood. The police must put a preservative in the blood sample to keep it fresh. Without proper preservation, the test results could be skewed or rendered useless prior to independent testing to occur. There is also the possibility that the sample has been contaminated; if there is any evidence of contamination we will seek to have it suppressed and not allowed into evidence. We have often worked with toxicologists and other experts to test the blood.
Refusal to Test
If you refuse to take a blood or breath test, your driver's license could be suspended for up to a year. Our attorneys can provide a vigorous defense on your behalf at a DMV hearing if you have been accused of a test refusal.
If you need to speak with a DUI defense lawyer about a DMV hearing or DUI criminal charge, contact Harmon & Harmon.
