Have you failed a blood or breath test after getting pulled over by the police? An experienced lawyer can evaluate your case and help you build the best possible defense. And from my offices in Walnut Creek, I protect the rights of individuals in the San Francisco Bar area who have been charged with a DUI after failing a blood or breath test. I am ready to start building your DUI defense.
Breath Tests
If you have been charged with a DUI after failing either test, do not panic. You still have defense options. It is possible that your BAC was rising at the time, which means you may not have been above the legal limit when you were pulled over. There are also physiological factors, such as diabetes, that can affect your blood alcohol content.
You do not have to submit to the handheld breath alcohol test administered by police when they pull you over. This PAS roadside test may be used to give a police officer probable cause to stop you, but it can not be used as definitive proof of your blood alcohol content at the time.
Blood Tests
You always have the right to a blood test. As the most accurate measurement of your blood alcohol content, it is the best way to correct a false breath test result. If you fail a blood test as well, it is important to remember that they have flaws as well. I will conduct a thorough investigation to determine if your blood test was accurate.
The first thing I look at is whether or not the person who drew the blood was qualified to do so. They must use proper preservatives and follow standard procedures in order to get accurate results. I will also retest the blood, checking it for alcohol level, fluoride levels and other preservatives.