Breath Tests in Kern County
When arrested on any DUI charge in California, you have usually had either a breath or blood test administered. If you register a blood alcohol concentration (BAC) level above legal limit of .08% or higher, an arrest will be made. The usual type of breath test is a "breathalyzer test." In Kern County, law enforcement uses the Draeger Alco-Test 7110 Mk-3-C. This is the same machine that was found "inherently unreliable" in People v. Chun. This test uses your breath to measure the BAC level. The formulas used in the machine to compare your breath alcohol level to your blood alcohol level are completely inaccurate and you MUST challenge those tests. When it can be shown that there is a possible error in the test, in most cases the charged against you will be dropped or at least reduced. It is crucial that you contact a qualified Kern County DUI attorney if you have been administered one of these tests resulting in a reading above the legal limit.
Kern County Breath & Blood Tests
Blood tests are considered to be more accurate because inaccurate conversions are not necessary, but in fact no test in existence is 100% accurate. In Kern County, the Kern County District Attorney's Crime Lab intentionally orders test tubes that regularly contain less than 1/5 the required amount of preservative to insure the blood does not ferment. They intentionally wait from days to weeks and sometimes months before testing, which allows the fermentation process to occur. That fermentation process, as in beer or wine, produces higher levels of alcohol in your blood. The DUI defense attorneys at The Law Offices of Middlebrook & Brehmer can enlist the help of an independent toxicologist to support your defense if you have been administered a blood test that resulted in a DUI charge. The suppression of evidence is part of what an experienced and creative DUI lawyer will do to defend you in your charge. If the evidence against you is in question, it can be challenged in court. These court challenges have resulted in hundreds of cases where the charges were completely dismissed.
Contesting the validity of the test administered is part of a resourceful DUI attorney who has the educational background and experience necessary to expose the inaccuracy. The equipment used in the breath testing and blood testing is required to have been maintained and checked to see if this maintenance has been properly done. A machine is only accurate if measured against a known standard. If the specific device used has a history of error, this can also be brought to the attention of the court. There are many factors that can influence BAC tests, such as a physical or medical condition, the incorrect administration of the test, or a faulty reading on any equipment used. Any evidence against you will be reviewed by an attorney from The Law Offices of Middlebrook & Brehmer and challenged in court if possible.
Contact Bakersfield Breath & Blood Test Attorney Richard O. Middlebrook if you have been administered breath or blood tests and subsequently charged with DUI.