for Your Rights
Thomas Tears, Attorney at Law assists individuals who have been arrested and charged with driving under the influence (DUI) after failing breath and/or blood tests. The firm’s Santa Ana criminal defense lawyer has 39 years of experience and is highly knowledgeable about the best defenses that can be used for this type of DUI evidence. Because there are so many factors that can lead to inaccurate breath and blood test results, there are many instances in which it is possible to get results for these tests deemed inadmissible in court. Anyone dealing with DUI charges can trust that Attorney Thomas Tears to provide him or her with strategic defense.
Law enforcement officers use breath and blood testing as a way of determining whether drivers are under the influence of alcohol. After driver is pulled over for suspected drunk driving, he or she will typically be asked to participate in a breath test, which measures the drivers’ blood alcohol concentration (BAC). The officer can administer this test right on the spot using a portable breathalyzer, which the driver blows into. If the person has a blood alcohol concentration (BAC) of 0.08% or higher, he or she will be arrested for DUI. Other individuals, such as commercial drivers and drivers under 21, can be arrested for much lower BAC levels. Blood tests might also be used on suspected drunk drivers. Only a blood or urine test can be used to see if there are drugs in the driver’s system. Individuals should be aware that there are certain repercussions for breath test refusals, as well as refusals of other chemical tests.
Breath and blood tests, while heavily relied on in DUI cases, are not always accurate. There are a number of factors that can end up causing false readings that could make a sober person appear to be impaired. Breath tests are required to be calibrated and maintained regularly. When they are not, technical errors are much more likely to occur. If the officer did not administer the test correctly, this could also lead to a false reading. Furthermore, blood tests can be compromised by test tubes that have not been properly sterilized, incorrect amounts of anticoagulant in the blood sample or incorrect storage of the blood sample. When it comes to breath and blood tests, factors such as the timing of the tests, the test taker’s physiology, the test taker’s health conditions and the environment in which the test is administered can all potentially affect the validity of the results.
Attorney Tears can help you identify which types of defenses you might be able to use in your case. Contact the firm today so we can help you effectively challenge your charges!