Carlsbad DUI Lawyer

Fighting Invalid Blood Alcohol Test Results

If you’ve ever been arrested for and charged with driving under the influence, you know that your entire case can come down to one little blood sample.  Because California has something known as a “per se” DUI law, blood alcohol concentration testing is often done to determine if a person is in violation of the law.  Blood and breath tests are the two most common types of blood alcohol testing, but human error and improper testing can lead to skewed results that lead to your arrest – even if you really didn’t break any laws!  An experienced Carlsbad DUI lawyer can help you understand blood testing and may be able to fight to have invalid results thrown out of court.

Blood & Breath Testing

When blood alcohol testing is performed, lab professionals are trying to determine how much alcohol is concentrated in your blood.  Breath testing is performed by having you breathe into a device that measures the amount of alcohol concentrated in your breath.  Blood testing is performed by drawing blood from a vein in your arm and determining how much alcohol is concentrated in your blood.  Any Carlsbad DUI lawyer can tell you that these samples are not always accurate, due to errors or device malfunctioning.

Device Malfunctions

One problem with BAC testing is that the devices used to get the results can malfunction.  Breath testing devices can have a high margin of error and the machines used to prepare and test the blood samples may need to be recalibrated or replaced altogether.  If you feel that your blood alcohol results are inaccurate, talk to your Carlsbad DUI lawyer.  You may be able to have your sample retested by an independent laboratory. 

Human Mistakes

Since lab professionals must handle your sample at some point, there is always the potential for human error to be made while testing is taking place.  Someone can mislabel your sample and confuse it with someone else’s.  Your sample may be placed into a testing machine in the wrong order.  One wrong keystroke can cause someone else’s results to be reported as yours.  If you feel this has happened to you, consult with your Carlsbad DUI lawyer and find out your options.

Working with a San Diego County DUI attorney can mean the difference between losing your case due to invalid results and winning your case by proving that the results were inaccurate.