Blood-Alcohol Testing: The Reliability of Breath or Blood Evidence in the Courtroom
The law firm of Eisner & Gorin, LLP, works aggressively to determine whether blood-alcohol tests performed by the police were completed in a reliable manner.
Blood-alcohol testing allows law enforcement to see how much ethyl alcohol is in a person's bloodstream. However, the testing of someone's blood alcohol level comes down to a machine's reliability.
A breath-testing machine measures the amount of alcohol in a person's deep-lung air. . A person's breath alcohol concentration is related to their blood alcohol concentration. By measuring a person's breath alcohol concentration, the machine computes his or her blood alcohol concentration (BAC). Our DUI defense attorneys closely review the records maintained by law enforcement showing the calibration and accuracy of each instrument. Title XVII of the California Code of Regulation requires that these records be maintained by local law enforcement agencies.
A blood-test directly measures the concentration of alcohol in a person's blood. The person is usually taken to a medical facility where the blood is drawn, and then blood is later tested at a police facility's lab for alcohol concentration. Questions frequently arise about whether the blood was collected in a way that did not contaminate the blood, whether it was stored properly, and further whether sufficient preservative was used to prevent further fermentation of alcohol in the blood sample. Our law firm frequently re-tests (through an independent facility) the blood-sample submitted by our clients to the police, to determine whether law enforcement made an error in the collection, storage, or preservation stage of forensic blood-testing.
Machines by definition can and do malfunction. So what if the machine testing the blood or breath is not working properly? Then the entire DUI case may be reduced or dismissed. The prosecution must prove beyond a reasonable doubt that test results accurately shows the person's blood-alcohol concentration is 0.08% or higher – the level at which California law designates all individual to be too intoxicated and thus unsafe on the roadway.
Further, certain factors such as gender, amount of alcohol consumed, weight, type of alcohol consumed, and food consumption can directly impact the results of a blood alcohol test. Accordingly, our DUI attorneys examine the blood-alcohol results to determine whether the prosecution's evidence will fail due to physical and gender variables.
Contact our DUI Defense Law Firm: Immediate Response 24/7
Contact the law firm of Eisner & Gorin, LLP, right now to have immediate counsel begin on constructing the most appropriate defense strategy. If you have been arrested for DUI in Los Angeles or the San Fernando Valley, obtaining a qualified attorney is the most important decision you can make.
The top-rated DUI attorneys at Eisner & Gorin, LLP, have litigated thousands of drunk-driving cases, and helped clients throughout Los Angeles County. As well-qualified DUI defense lawyers, our law partners are dedicated to clients' needs and to producing outstanding results. With our DUI defense law firm on your side, your chances of successfully fighting your charges and avoiding a conviction are greatly increased. We will advise you throughout the DUI process and serve as your advocate in court and at your DMV hearing. Our DUI attorneys will protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses.
Remember, you only have 10 days to prevent your license from being suspended!