BLOOD & BREATH TESTS IN FRESNO
Blood and breath tests are tests which are administered to an individual who is suspected of driving under the influence of alcohol. In Fresno, a person is considered to be guilty of DUI if it is proven that he or she was driving with a blood alcohol content (BAC) of greater than 0.08%. Blood and breath tests are given in order to determine whether or not the individual’s blood alcohol level exceeds the legal limit set forth by law. Refusing to take a blood or breath test if suspected of driving under the influence is grounds for an immediate license suspension under California’s implied consent laws. Only a qualified Fresno DUI attorney can tell you how best to handle your individual case. It is important to contact a reputable Fresno DUI lawyer as soon as possible when charged with DUI in Fresno. With skilled legal counsel, it is still possible to win a Fresno DUI case, even if a blood or breath test has been administered.
Typically, blood tests that measure BAC are considered to be the most accurate form of testing. A blood sample is taken from the suspect and analyzed in a lab. While these results are generally regarded as accurate, there are many factors which can render the result of a blood test inconclusive. An experienced Fresno DUI attorney will investigate exactly how the blood sample was taken, whether or not the test was performed by a licensed individual with proper supervision, and whether the blood sample itself was handled properly after it was taken. These are just a few of the possible considerations which could result in having an inconclusive result on a blood test. If a proper sample of your blood was not maintained, it is also possible that a skilled Fresno DUI attorney could have the result of the test rendered inadmissible in court.
Breath tests are another means to test the BAC of a Fresno DUI suspect. With a breath test, the suspect breathes into a device which calculates the BAC based upon the amount of alcohol found in the breath. While these tests are often administered in the field, there can be multiple problems with the results. Something as simple as a hiccup, or recently using mouthwash can cause blood alcohol readings that are inaccurate. Additionally, the procedure for administering the test must be followed carefully in order to have a reliable result. A well-trained Fresno DUI lawyer will know which questions to ask in order to find out if your breath test was administered properly and within the guidelines of the law.
Even if the blood or breath test was performed flawlessly, on equipment that has been tested and found compliant, there still may be procedural flaws that could cast doubt on the reliability of the test. Because blood alcohol levels can fluctuate, the timing between breath tests, or the time between your last drink and the time that the test was administered can have profound effects on your result. You may not have been legally intoxicated at the time you were driving, even if tests taken after the fact show elevated blood alcohol levels. If you have been charged with DUI in Fresno, you owe it to yourself to contact a qualified, experienced Fresno DUI lawyer who understands how best to handle your case. By having a skilled Fresno DUI attorney look at the circumstances surrounding your arrest, you may be able to build a strong defense which could prevent a DUI conviction, even if a blood or breath test was administered.