Reliability of DUI Testing

Los Angeles DUI Lawyer

There are two main types of tests that may be administered in conjunction with a DUI (driving under the influence) offense: field sobriety tests and chemical tests. Field sobriety tests are administered after a driver is pulled over and are used by a police officer to establish probable cause that the driver is intoxicated, therefore enabling the officer to make a DUI arrest. Chemical tests are administered after a driver is arrested for suspected DUI. Typically either a breath test or blood test, these tests are used to determine whether the driver has an unlawful blood alcohol concentration (BAC).

Field sobriety test and breath/blood test results will play an important role in enabling a prosecuting attorney to build a strong case against a defendant who has been charged with DUI. If you or someone you know has been arrested in the Los Angeles area and you are concerned about the test results that may be used against you, you will be best served by immediately contacting a local attorney.

At Floyd, Skeren & Kelly, LLP we have been representing LA drivers in all types of drunk driving related cases since 1987. Through our more than two decades of legal practice, we have become intimately familiar with the most effective ways of challenging DUI evidence. By discussing your case and concerns with a Los Angeles DUI defense attorney at our firm, you can find out what you may be up against and how our team can work to protect your rights and freedom.

Challenging the Breath/Blood Test

In California, a breathalyzer test or a blood test may be administered to determine a driver's blood alcohol concentration. If it measures at .08% or higher, the driver is considered to be "under the influence" and may face DUI charges. These chemical tests have inherent faults and, if administered improperly, may yield incorrect results. Some of the factors that we may look at in challenging a breath or blood test include:

Whether the test was administered by a trained and qualified professional
Whether the test was administered exactly per protocol
Whether the breathalyzer was properly calibrated and maintained, in accordance with state standards
Whether the driver was observed for the allotted time period prior to the breath test to ensure he or she did not drink, belch, vomit, smoke or eat
Whether the blood sample was mishandled
Whether the blood sample was properly mixed with preservatives and anticoagulants

Questioning the Accuracy of Field Sobriety Tests

Field sobriety tests are particularly unreliable as they are more easily affected by physical injury, illness, age and weight. Even the shoes that a driver is wearing may affect performance on field sobriety tests. Some of the factors we may look at in challenging field sobriety tests in a Los Angeles DUI case may include:

Whether the tests were administered properly
Whether the officer who administered the tests was trained and qualified
Whether the officer's analysis of the tests was accurate
Whether a non-alcohol related factor may have influenced the driver's performance on the tests (high-heeled shoes, old age, weight, physical injury, nervousness, pre-existing medical conditions, etc.)

Contact a Los Angeles DUI Attorney

In handling DUI cases for our clients, we look at testing from every possible angle to determine how to best challenge results. True, you may have been told that you performed terribly on field sobriety tests. You may have taken a breath test that showed a result of .12%. This does not necessarily mean that the tests were accurate or that you should be convicted.

Contact a Los Angeles DUI lawyer at our law offices today and find out how we can help with your case.