Breath and Blood Tests

When a police officer suspects a person is driving under the influence, he/she has the right to stop and the driver and test his/her blood alcohol content (BAC) levels. In California, it is illegal to drive with a BAC level above 0.08%. People found driving with BAC levels exceeding the 0.08% legal limit will be arrested and charged with DUI. In order to determine a driver’s BAC level, law enforcement officers have a number of tests they can administer. Two of the most common types of tests used to determine a driver’s BAC level are blood tests and breathalyzer tests. Blood and breathalyzer tests provide law enforcement officials with the means to accurately determine the amount of alcohol in the driver’s bloodstream at the time of the arrest.

Blood Tests

A blood test is arguably the most accurate way to determine a driver’s BAC level. For this reason, many drivers who believe their BAC is under 0.08% prefer to take a blood test rather than a breathalyzer test. After a driver has been arrested for DUI, he/she will be brought back to the police station where a trained technician will administer the test. The technician will then analyze the results of the test, where it will be clear whether your BAC is above the .08% legal limit at the time of the test.  It does not take into consideration several other factors that can affect your BAC. It should be noted, however, that because these types of tests are so accurate, it is difficult to challenge the accuracy of the results, but not impossible.

Breathalyzer Tests

Breathalyzer tests are the quickest and most popular way to test a driver’s BAC level. Breathalyzer machines measure the amount of alcohol found within the driver’s deep lung region, which supposedly correlates to the amount of alcohol currently in bloodstream. When the driver blows into the machine, it calculates the amount of alcohol found in this region of the lungs. 

It should be noted that contrary to popular belief, breathalyzer machines are not 100% accurate. There are a number of factors that could cause the machine to give an inaccurate reading. For example, physiological and metabolic differences are not taken into consideration.  If a person burps, belches or vomits shortly before the test is administered, the BAC will not be accurate. For this reason, it is vital that you hire an attorney to protect your rights, and challenge the accuracy of these tests in court.

Contact Orange County DUI Attorney
If you were charged with DUI after taking a blood test or breathalyzer test, it is important to contact an attorney immediately.  Orange County DUI attorney David Boyer will personally investigate the circumstances surrounding your arrest, and aggressively challenge the results of your test in court.  Mr. Boyer makes sure that the law enforcement officer administered the test lawfully and did not violate your rights in the process. Furthermore, Mr. Boyer is devoted to providing his clients with practical resources, viable options, individualized attention, and unwavering dedication.  Above all, Mr. Boyer’s number one priority is protecting his clients’ rights and making sure the best possible outcome is obtained.

If you are in need of a dedicated and experienced Orange County DUI defense attorney, contact the law office of David Boyer today for your free consultation at (949) 677-2746