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DUI Lawyer in Pasadena, California

Have you been criminally charged with driving a vehicle while under the influence? In the state of California, it is considered to be a per se offense to have a blood alcohol concentration (BAC) over the legal limit of 0.08%. To build this case against you law enforcement officers and prosecutors alike will use DUI testing, such as the blood test, breath test and field sobriety tests, to build evidence that you were indeed impaired. Many people assume that just because they were told that they "failed" these tests that they will automatically convicted. This is completely untrue. There are ways to challenge these test results and at Floyd, Skeren & Kelly, we're prepared to do just that.

Challenging Breath Test Evidence

DUI testing is not flawless. There are errors that can be found and mistakes that can occur while these tests are being administered. For example, one of the most common forms of testing is the breath test. The way that this works is fairly simple. An officer will use the breath test machine, usually referred to as a Breathalyzer, to get a clean sample from the subject. The machine will then analyze this sample to determine whether or not the subject has a BAC that is higher than the legal limit.

This seems fairly simple and most people view this test as a n open-and-shut case. Popular myth would have you believe that if the machine gives a reading that's above 0.08%, you will automatically face conviction. Most people don't realize that these machines are prone to error. They are delicate and if they are not properly calibrated, they can become contaminated and feed out faulty reports. There is also a widely argued point that these machines cannot tell the difference from a breath that is drawn deeply from the lungs or a shallow breath from the mouth - meaning that should a person give a shallow breath with the presence of mouth alcohol, the reading will be off the charts.

The Flaws of Field Sobriety Tests & Blood Tests

Field sobriety tests are another test utilized by law enforcement officers, and the most commonly thought of test when considering DUI arrests. Many people have seen officers ask a subject to walk in a straight line, to stand on one leg and the like. The National Highway Traffic Safety Administration (NHTSA) has made great strides in standardizing these tests and work to make sure that they are as accurate as possible.

To ensure this they have outlined three different tests that can be used and given very specific directions as to how they are to be administered and how they are to be judged. Should, however, a law enforcement officer botch the directions or have a prejudice towards the subject, the "failed" result could be completely wrong. Due to extenuating factors, such as nerves, exhaustion or medical conditions, even a completely sober person could appear to "fail" this test. It is also important to note that even when these tests are all used in tandem and when they are administered to the letter, the level of accuracy is still not estimated to be perfect.

The final test commonly used by law enforcement officers is known as the blood test. This is usually done either at a hospital or at the police station and is considered to be the most concrete of the evidence since it is the most scientific. One must remember, however, that there are still flaws to this type of testing. The main concern about the results of this test is in the chain of custody. Should it become broken, you could be facing the results of another subject's test. Other things that can make the test faulty include an improper sterilization of the draw spot and the improper storage of the blood (for example, if the right amount of anticoagulants was not mixed in).

Contact a Pasadena drunk driving attorney today!

If you are facing the results of a failed DUI test, you do not have a moment to lose. We encourage you to get the legal assistance of a Pasadena DUI lawyer from our firm as soon as possible. With extensive experience handling these types of cases, we have proven our mettle time and time again. We know the questions to ask and will be able to spot the weak points in a prosecutor's case. You can rest assured knowing that we will do everything that we can to protect your legal rights.

To learn more about how we can help to challenge the DUI evidence, we encourage you to contact a Pasadena DUI attorney from our legal team as soon as you can.

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Floyd, Skeren & Kelly, LLP - Pasadena DUI Attorney
Located at 215 N. Marengo Avenue Pasadena, CA 91101. View Map
Phone: (888) 660-3554