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Breath and Blood Tests

Santa Ana DUI Attorney Fighting Your Charges

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.

What to Expect in the Breath and Blood Testing Process

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.

Defenses Against Breath and Blood 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!

Client Reviews

Mr. Tears is a true Gentleman with vast knowledge of criminals law and great understanding the court system. I have used Mr. Tears services several times first time in 1998 and most recently in 2020 and referred his services to several of my friends and everyone agrees he treated his clients with dignity and respect.

Fred Highland

There are hundreds of DUI lawyers out there, and I’m sure there’s are a few that know how to win, but I don’t think all attorneys have the legal experience and relentless compassion, followed up by the genuine care that Attorney Tom Tears has proven to me as a client.

Joel Villarreal

I never felt like he wasn’t completely devoted to my case and my well being. He truly cares about his clients and his willingness to work with me in regards to paying out the fees was amazing. I do not believe I could have found another like him. My gratitude is immeasurable.

Lynne Porter

Our Location

Conveniently located near where 5 and 55 freeways meet, between First and Fourth Street.

Santa Ana Office
250 N Golden Cir Dr #109

Santa Ana, CA 92705


Get in Touch

Contact Us for a Consultation (714) 550-1101