Breath & Blood Tests in a Bakersfield DUI
What are these tests for?
If you are suspected of driving under the influence of alcohol or drugs,
a police officer must follow certain procedures before an arrest can be
made. These procedures are established under law to protect the rights
of citizens and ensure they are not unfairly harassed, detained or arrested.
In order to be convicted of a crime, there must be some kind of evidence
that the crime has been committed. Breath and blood tests are used as
evidence in a DUI case.
It is important to know that these tests are sometimes inaccurate due to
incompetence in administering them or faulty equipment. For example, a
knowledgeable Bakersfield criminal defense lawyer will most often review
the maintenance records of a breathalyzer machine that has been used in
your case to ensure proper maintenance has been done. Proper maintenance
and calibration of these machines is essential for accurate readings.
Additionally, in the case of blood tests, contamination of the blood sample
taken can cause faulty results. If this can be proven or even shown as
likely to have occurred, it can possibly result in an acquittal.
Refusing to Take the Tests
The state of California has what is called "implied consent"
when issuing driver's licenses. This means it is implied that when
you are issued a license which gives you the privilege of driving on California's
roads and highways, you will agree to be tested if an officer suspects
you are under the influence while driving. Therefore, refusing to take
the tests can result in your driver's license being suspended or revoked.
As a matter of fact, the driver's license penalties can be more severe
if you refuse the tests than if you took the test and failed. Whatever
your circumstances, if you have been charged with a DUI, The Law Offices
of Kyle J. Humphrey stand ready to fight for you and help you reach the
best possible result.
Do not hesitate to contact a Bakersfield criminal defense attorney
at our offices today.