Blood and breath tests may be administered to those suspected of driving under the influence of alcohol. In Santa Clara, you are considered guilty of DUI if it can be proven that you were driving with a blood alcohol content (BAC) of more than 0.08%. The purpose of the blood and breath tests is to determine if your BAC does in fact exceed the legal limit under California law. Under the implied consent laws of California, your license will be suspended immediately if you refuse to take a blood or breath test when suspected of DUI. Only with the help of an experienced Santa Clara DUI attorney can you find out how best to handle your own individual case. If you are charged with DUI in Santa Clara, it is imperative that you get in touch with a reputable Santa Clara DUI lawyer as soon as possible. With the right legal counsel, you may still win a Santa Clara DUI case even if a blood or breath test was administered.
In general, blood tests are considered to be the most accurate way to assess an individual's BAC. The blood sample will be taken from the DUI suspect and will then be analyzed in a laboratory. Although the results of these tests are generally considered accurate, there are factors that can render the blood test's results inconclusive. A skilled Santa Clara DUI attorneywill investigate how the blood sample was taken, whether or not the person performing the test was licensed and had proper supervision, and whether or not the blood sample was correctly handled after it was taken. There are only a few of the possible factors which could render the blood test results inconclusive. In addition, if a proper sample of your blood was not maintained, an experienced Santa Clara DUI attorney may be able to have the test result rendered inadmissible in court.
Another way to test the BAC of a Santa Clara DUI suspect is the breath test. If you are given a breath test, you will breathe into a device that will calculate your BAC based on the amount of alcohol found in your breath. Although these tests are usually given in the field, there can be problems with the results. Simple factors such as a hiccup or recently used mouthwash can cause inaccurate blood alcohol readings. In addition, reliable results are dependent on a careful administration of the breath test. Highly-skilled and well-trained Santa Clara DUI lawyers know exactly which questions to ask to find out whether or not your breath test was administered correctly and within the guidelines of the law.
Even if a blood or breath test was performed perfectly on equipment that has been tested and found to be accurate, there may still be other procedural problems that could cast doubt on the results of the test. Blood alcohol levels can fluctuate. Because of this, the timing between breath tests, or the time from your last drink to the time the test was given, can have great effects on your test result. You may not have been legally intoxicated when you were driving even if the tests taken afterwards show an elevated BAC level. If you are facing a DUI charge in Santa Clara, take the time to contact a highly-qualified and experienced Santa Clara DUI lawyer who knows how to handle your case. By having a skilled Santa Clara DUI lawyer investigate the circumstances of your arrest, it may be possible to create a strong enough defense to prevent a DUI conviction even if a blood or breath test was administered.