Drug and Criminal Defense in San Diego
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Understanding Blood and Breath Tests Attorney Michael Kern will fight for your rights!

San Diego DUI Attorney

About Blood and Breath Tests

Police officers have begun to rely on the evidence obtained from chemical testing to arrest individuals for driving under the influence. Field sobriety tests have proven to be somewhat subjective, while chemical tests rely on more scientific methods. When the alcohol enters the body, it is absorbed into the bloodstream. By analyzing a suspect's blood directly or indirectly, officers can determine a person's blood alcohol concentration (BAC).

Persons with a BAC of .08% or higher are considered too impaired to appropriately operate a vehicle, therefore it is against the law to drive with a concentration over that amount. Commercial drivers may not drive with a BAC over .04%, while drivers under 21 may not have any alcohol in their system. If you have failed a breathalyzer or blood test and were charged with DUI, then please do not hesitate to get in touch with my firm, Kern Law, APC. I have 20 years of experience as a San Diego lawyer and can help you build a strong defense for your case.

Breathalyzer Defense

The following are some reasons that the court may discount the evidence of a breathalyzer test:

  • Incorrect calibration
  • Machine malfunction
  • Improper test administration
  • Medical conditions
  • High temperatures or bad weather
  • Inadequate machine maintenance

To find out if any of these apply to your case, call my firm immediately. I can review the evidence and police reports to find any inconsistency that may affect your DUI case.

Fighting DUI Blood Test Evidence

In California, only certain people may draw blood to test for alcohol. Doctors, licensed physician's assistants, emergency medical technicians, registered nurses, and phlebotomists are the only persons who should be taking your blood. In some cases, persons who have been certified as experts may also draw blood. If an unqualified person took your sample, then that may be cause for dismissal.

Persons may also argue that the blood was not stored or transported correctly, which caused the blood to ferment and show incorrect alcohol levels. In addition, if the sample is not mixed properly with the right anticoagulant and preservative, levels may be higher. To make sure that your blood sample was handled properly throughout the whole testing process, call my firm. I will thoroughly investigate the treatment of your sample to find any errors that may have occurred.

Protection from a DUI Lawyer in San Diego

Penalties for drunk driving can be very serious, especially for those who have been convicted of multiple offenses. Don't risk losing your freedom because of a license suspension or incarceration.

Call my office to schedule your free initial consultation! I am committed to providing the best possible defense for each and every one of my clients so that they can achieve favorable results.