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Breath and Blood Tests

DUI Attorney in San Diego, California

If you were arrested for DUI (driving under the influence) in the San Diego area, take a moment to contact the Law Offices of Michael J. Fremont today. Our firm represents drivers in DUI cases throughout San Diego and the surrounding areas in Southern California, and we are here to help you.

Breath and blood tests are an important part of any San Diego DUI case. After a driver is arrested for suspected drunk driving, law enforcement will request that he or she take a breath test or blood test (or in limited circumstances, a urine test) to determine the presence of alcohol and/or drugs in the driver's system. At this time, law enforcement should also inform the driver of the potential consequences of refusing a breath or blood test: driver's license suspension.

Defenses to Breath Tests and Blood Tests

Challenging breath test or blood test results will be a necessary part of most drunk driving-related cases. Your San Diego DUI lawyer should be able to evaluate all aspects of your case and of your chemical testing to determine precisely how to challenge your test results. Following are some examples of potential defenses that may be used to challenge a breath test or a blood test:

  • The test was not administered properly
  • The person who administered the test was not trained or qualified
  • The breath test device was not properly calibrated
  • The driver was not observed for 15 minutes prior to the breath test to ensure he or she did not belch or regurgitate
  • The blood sample was not mixed or handled properly
  • There was a mistake made when testing the blood sample

Additionally, there are certain factors which may bring into question the accuracy of a breath test, such as the driver's weight, metabolism, and body temperature, or a physical condition which may have led to a false reading, such as oral fixtures (dentures, braces) that may have pooled alcohol, gastrointestinal disorders, or a special diet.

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Challenge your breath or blood test results and your drunken driving charges. Contact San Diego DUI attorney Michael J. Fremont today! (888) 908-1919