Breath and Blood Tests and DUI in Los Angeles

Los Angeles DUI Lawyer

When a Los Angeles driver is arrested for DUI, he/she will be asked to submit to a chemical test to determine his/her blood alcohol concentration. The driver will be given a choice between a blood test or a breath tests, and only a urine test in certain rare circumstances.

Even in the face of a blood test or breath test which yielded blood alcohol level results above the legal limit (.08% or higher, or .04% or higher for a commercial driver), a Los Angeles DUI lawyer who has experience with and knowledge about breath and blood tests may be able to contest test results. There is specific protocol which law enforcement must follow in performing a blood test or breath test. When this does not occur, the breath or blood test results will not be accurate.

For instance, did you know that in the fifteen minutes prior to taking a breath test that the officer should observe you and ensure that you do not belch or regurgitate in those fifteen minutes? The reason is that these actions can cause a false high test result. This also applies to eating or drinking. Your attorney may be able to use this as a reason to exclude breath test results.

Los Angeles Breath Tests and Blood Tests

Breath test machines and breath tests in general have been subject to much scrutiny since they first became a standardized way of testing for DUI. A breath test machine should be properly calibrated before a breath test is performed on a DUI suspect. However, even a properly calibrated machine tests breath alcohol levels as it would a moderate weight male. This does not take into account a female’s body’s unique make-up and absorption of alcohol, or perhaps an underweight or overweight person’s results. Additionally, a person on a special diet or a person with a gastroesophageal disorder may have a higher breath test result.

Although blood tests are generally determined to be more accurate than breath tests, they too have their faults. A blood sample must be drawn properly, stored properly and tested properly in order to yield an accurate result. If a blood test is mishandled in any way, a Los Angeles DUI lawyer may be able to use this as grounds for having a blood test and its results excluded from evidence.

Consult a Los Angeles DUI Attorney!

Regardless of your unique situation in regards to your blood test or breath test, if you have been arrested on a Los Angeles DUI charge you will need to consult with an attorney who can advise you of your rights and work to defend your case.