When you are arrested for a DUI, the system requires that a breathalyzer, blood, or urine test be performed. Officers rely heavily on field sobriety tests to establish probable cause in order to make an arrest. If these tests are not conducted properly, the results can be skewed and deemed unreliable in court. The same can be said for confirmatory tests such as the breathalyzer, blood and urine tests. However, these tests are not always accurate.
So, if you've been arrested for DUI and you have failed a field sobriety test or other confirmatory test, it doesn't necessarily mean that you’re automatically guilty. Call today and set up a free consultation to discuss your case with Los Angeles DUI Attorney Jonathan Franklin.
Administering the Field Sobriety Test
When an officer administers a field sobriety test, the officer typically follows the complex instructions included in the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual. In California, the actual charge is a DUI. Jonathan Franklin will thoroughly investigate the evidence and testing procedures to determine if there is reason to have the charges against you reduced or dismissed.
Breathalyzers and Blood Alcohol Content
Breathalyzers, like many other mechanical devices, require periodic calibration and maintenance in order to function properly. If not, the results of the test may not be accurate. Additionally, the administration of the test can elicit false positives such as the recent use of mouthwash, the elapsed time of the last alcoholic beverage consumed before administering the test, and whether or not the mouthpiece had been changed prior to the test. Jonathan Franklin will inspect the maintenance records of the machine to determine whether or not false positives have existed in the past.
Blood Tests and DUI Charges
While blood tests are considered the gold standard in determining whether or not a driver has had too much to drink, they are not infallible. The blood sample could have been tainted by the alcohol swab used to clean the specimen collection site, the preservatives in the blood collection tubes may be expired, and tests performed on blood components rather than whole blood may elicit different results. As your DUI attorney, Jonathan Franklin raises these and other issues when there are grounds for questioning blood test results.