Disputing California DUI Tests


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Disputing California DUI Tests

Was the breathalyzer in my DUI case operating properly?

Disputing California DUI Tests

Disputing California DUI Tests: DUI convictions in Orange County and throughout California often rest on the results of one or more California DUI tests. While many people charged with drunk driving believe that there is no way to avoid conviction if they have failed these tests, an experienced DUI lawyer can often fight the charges.

Types of California DUI Tests

Horizontal Gaze Nystagmus (HGN) Field Sobriety Test

BAC Testing in California

BAC tests measure the concentration of alcohol in the driver’s blood. These tests can be administered in a variety of ways, including breath alcohol tests, blood alcohol tests, and urine tests. While both the prosecution and the DMV tend to take these tests at face value, these tests are far from perfect. Some of the most common grounds for challenging chemical DUI tests include:

• Lack of probable cause, meaning that the officer had no right to administer the test and the results may be excluded from evidence
• Faulty testing equipment, such as a breathalyzer test machine that has not been properly calibrated
• Flawed administration of the test, calling the validity of the results into question
• A delay in administration of the test, raising the possibility that BAC increased between the time of the arrest and the time of the test
• A break in the chain of custody of a blood sample or urine sample
Depending on the specifics of your case, there may be other grounds for challenging the accuracy or admissibility of DUI test results.

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Field Sobriety Testing in California

dui breath test

Field sobriety tests are dependent on human administration and human observation, which means that mistakes can occur and disputing California DUI tests and conclusions can be disputed. Environmental factors can also impact the reliability of a field sobriety test. For example, if the ground where a test is administered is wet, uneven, or rocky, that may impact a driver’s ability to perform the tests successfully.
In addition, there are very specific guidelines to be followed in administering field sobriety tests. Many law enforcement officers do not adhere to these guidelines or make mistakes in the administration of the tests. Often, scrutinizing video of the testing will reveal errors or procedural violations that call the test results into question.

The Power of Challenging California DUI Tests

The Walk and Turn Field Sobriety Test - Instructional Stage.

Orange County prosecutors rely heavily on test results, especially BAC test results. But disputing California DUI tests is possible. A BAC test result of .08% or greater—or even lower under some circumstances—is sufficient to support a DUI conviction. However, if an experienced Orange County DUI lawyer successfully challenges the accuracy of the tests or prevents the test result from being entered into evidence, the prosecution is often unable to prove its case.
When the test results are excluded or their validity is called into question, some possible outcomes include:

• Charges may be dismissed, as the prosecution recognizes that it will be difficult or impossible to prove its case
• A very favorable plea agreement may be offered, such as a significant reduction in the charge
• The “automatic” driver’s license suspension may be avoided
• We may take the case to trial and win an acquittal (finding of “not guilty”)

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Orange County DUI Lawyer Robert Miller Knows How to Fight DUI Tests

Orange County DUI Lawyer Robert MillerAttorney Robert Miller has gone above and beyond the norm to ensure that he has the tools and knowledge necessary to challenge California DUI test results. He has twice successfully completed the DUI Trial Skills College at Harvard Law School, is certified in Field Sobriety Testing, and has completed scientific coursework on breath and blood testing.

He also stays informed about the latest developments in DUI testing technology, legal defenses, and other critical information through membership in the California DUI Lawyers Association, the DUI Defense Lawyers Association, and the National College of DUI Defense.

Talk to an Experienced DUI Lawyer Right Away

About Us Robert Miller Associates Law Firm

If you’ve failed a BAC test or field sobriety test, don’t assume that means a conviction. Disputing California DUI tests is possible. Schedule a consultation today to learn more about how we can help you fight the charges against you. Contact us today.

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