BAC and DUI Defense in Riverside
Riverside DUI Defense Lawyer: Challenging BAC Evidence
If you are pulled over by law enforcement for suspicious driving behavior or a minor traffic infraction and it is suspected that you may be driving drunk, you will be tested for alcohol. If your blood alcohol level registers at .08 % or above, you will be charged with a DUI offense. The charges could be a misdemeanor or a felony, based upon the facts, including your prior DUI convictions, and whether an accident, injury or death has occurred.
BAC testing can be inaccurate. Breathalyzer units can fail, or may not have been properly calibrated or maintained, or a specific unit may have a history of faulty readings. The officers involved may have failed to properly administer the test. There are many ways that BAC testing can go wrong, leading to a false reading. If you have been arrested for DUI, contact Attorney Ty Martinez, an experienced Riverside DUI attorney, as soon as possible. We can challenge the test results or the methods in which the test was administered. If the result was marginal, it may be possible to get the DUI charges dismissed. If you were illegally stopped, as you had not be exhibiting any dangerous or illegal driving behavior, the BAC evidence collected after the illegal stop could be inadmissible.
Our Riverside DUI lawyer will carefully review every detail of the testing to identify any errors. The results could be inaccurate. There are cases in which the officers administering the tests have made errors, due to inadequate training or a failure to adhere to procedure. The samples may have been contaminated. Certain physical conditions such as acid reflux disease, high blood pressure, diabetes and other metabolic diseases can greatly affect the results of the testing. Heartburn has been known to impact BAC testing results.
BAC results and DUI in Riverside
Another problem with BAC testing is related to time. A DUI arrest must be based upon the BAC level present when the driver is initially stopped by law enforcement. It is very possible that the BAC will rise between the time of initial arrest and the time the test is given. If the person had just consumed a drink at a bar and was driving home, it is very possible that the level at the time of arrest would be higher.
Roadside breath testing units are notorious for faulty results, and readings can be affected by temperature and radio waves. To fight a DUI charge and preserve your right to drive, contact us today for an initial consultation so we can review the facts of your case. We have many years of experience success in defending against criminal charges, including misdemeanor and felony DUI charges. We are on your side.