Chemical Test Defense in a DUI Case

Posted on Jan 10, 2013 9:11am PST

After a police officer pulls you over for a suspected DUI, they will ask you to submit to a Field Sobriety Test and/or a chemical test. Should you refuse to take one of the chemical tests (breath, blood or urine), your driver's license will be automatically suspended for 6 months, so it is strongly recommended that you comply with the officer. Even if the test reveals that your blood alcohol content (BAC) level is higher than the legal limit, this does not necessarily mean that you are guilty of driving under the influence.

There can be a variety of errors depending on the circumstances of your arrest, the way in which the tests were performed and other factors that a reliable Ventura DUI lawyer can help you uncover. Below is a list of some of the most common defenses for chemical tests:

Mouth Alcohol Interfering in BAC Result
While breathalyzers are typically seen as reliable devices, it does not account for special circumstances within the body of the individual being tested. If you suffer from heartburn, GERD or acid reflux, it can increase the percent of alcohol that shows up on the device, as there is a flow of acid that goes from the stomach to the mouth, masking the true amount of alcohol in the system. Additionally if the driver has just vomited or burped, the alcohol concentration in their mouth may be greater. This can also be caused by any dental work that has trapped food saturated in alcohol.

Breathalyzer Errors
Just like any other mechanical device, breathalyzers can malfunction and produce incorrect readings. Interference from other radio frequencies and other outside factors can mess with the device's ability to read the BAC level. The machine also does not take into account any police error. If an officer fails to perform the test in the correct way, it can mess with the end result.

It is always a wise idea to get in touch with a qualified and knowledgeable Ventura criminal defense attorney before you attempt to challenge DUI charges. There is a good possibility that with the correct case defense that your penalties could be greatly diminished or that your case could be dismissed entirely! As a former Deputy District Attorney, Mr. Ridley has the experience that has allowed him to have the upper hand both in and out of the courtroom. He has handled thousands of criminal cases and is not intimidated by any type of case. Offering a free case evaluation to all prospective clients, you have nothing to lose by contacting our firm. We are available to take calls 24 hours, 7 days a week, so do not hesitate to call us today!

Categories: Criminal Defense, DUI