DUI Chemical Testing in Fresno

There are three types of chemical testing: Breath, Blood and Urine. An experienced Fresno DUI defense attorney will know how to point out the legitimate reasons why a chemical test was faulty. A rising blood alcohol level may show that the BAC would have been lower at the time of driving than when the accused was tested. There are also issues such as whether driving occurred within three hours of the chemical test, or whether the results were accurate if there was drinking after driving. Finally, there must generally have been volitional movement of the vehicle before you can be charged with DUI in California. There are many ways for an experienced DUI lawyer to whittle away at the trustworthiness of the prosecution’s evidence and prevent them from meeting their burden of proof beyond a reasonable doubt regarding the chemical tests.

Breath Testing

There are many reasons for falsely high breath tests. The 15-minute observation period mandated by Title 17 of the California Code of Regulations may not have been complied with, or the accused may have burped, regurgitated or vomited within 15-minutes of taking the test. Medical conditions (Gastro Esophageal Reflux Disease) or dental work (dentures or bridgework which may trap mouth alcohol) could account for an inaccurate test result. The breath sample could have been tainted with mouth alcohol or the breath-testing device may not have been operating properly. Testing during the absorption phase will give a false high reading. A qualified Fresno DUI defense lawyer will check the calibration and accuracy logs for the machine to ascertain whether or not the results are accurate, and will confirm whether the officer even followed the training protocol.

Blood Testing

The blood sample can be drawn or stored improperly, or it may be tainted with improper levels of preservatives and anti-coagulant, all of which can give a false BAC result. In addition, the labs that run the tests do several of these at the same time using the same apparatus. Sometimes the vials get mixed up. If the blood test results are truly suspect, a blood-split should be done to confirm the results.

Urine Testing

Typically, in California, urine testing is only done in cases where the officer suspects drugs have been used. The officer will either take the person suspected of DUI for a blood or urine test.

If you have been charged with a DUI in Fresno contact drunk driving defense attorney Terry Wapner today!