How to Beat a DUI Case in California
There are a large number of factors that can impact a BAC test, leading to a falsely high reading. Quite a few of these factors are everyday things that include basic foods, standard medications, and normal human error.
Challenging the Breath Test
There are protocols for handling breathalyzer equipment. The machines must be recalibrated at the police department on a regular basis, and that recalibration must be documented. Each officer that uses the equipment must have had formal training in the process. And even if you allow that these two things are in order, the test itself can still be skewed by food ingested or medications taken.
What Foods Can Trigger A False Breath Test?
Bread is something that can trigger a falsely high reading on a breath test. So can sugar. How often, when people may be having a drink or two, do they also eat something that involves bread or sugar? It can be anything from pretzels with beer to cake with champagne. All of which can cause an otherwise responsible drinker to appear intoxicated when they take the breath test.
Can Medications Affect a Breath Test?
Different medications and health conditions can have the same effect. A person who has chronic acid reflux can have that show up in a falsely high BAC level. Even something as basic as mouthwash can make a driver appear more to have consumed more alcohol than they actually did. Our San Joaquin DUI attorney knows how to investigate the legitimacy of a DUI charge.
Put our San Joaquin DUI lawyer from Krueger Legal on your side by calling (209) 565-0750 or by filling out our online contact form today.
Protect Your Future with Experienced DUI Defense
Being charged with a DUI can have serious consequences, including fines, license suspension, and even jail time. It is crucial to have a skilled DUI defense attorney on your side to protect your rights and fight for the best possible outcome for your case.
At Krueger Legal, our experienced San Joaquin DUI lawyer has successfully defended clients facing DUI charges in Fresno, Sacramento, and Stanislaus counties. We understand the complexities of California DUI laws and will work tirelessly to build a strong defense strategy tailored to your specific situation.
Some of the ways our DUI defense attorney can help you include:
- Challenging the validity of the breath test
- Exploring factors that can trigger a false breath test, such as certain foods
- Assessing how medications may have affected the breath test results
- Challenging the accuracy of the blood test results
Don't wait to get the legal help you need. Contact our Manteca DUI attorney today to schedule a consultation and start building your defense.
Challenging The Blood Test
The problems associated with a blood test are different than those of a breath test, but they are no less real. An obvious one is that the needle used to draw the blood is typically cleaned with alcohol. Suffice it to say, if the cleaning is not done properly, the effects of that alcohol could show up in the test.
Then the blood sample itself has to be properly handled. Blood that is stored for an inappropriate amount of time can start to ferment, which means that it will show higher BAC levels. As a way of monitoring this and maintaining security around the sample, blood tests have strict chain of custody requirements. Every person that handles the sample must be accounted for, and every step the sample takes must be documented. Failure to follow chain of custody is a serious violation and can invalidate an otherwise valid test.
Commonly Asked Questions
Can a DUI be charged as a felony in California?
Yes, depending on the circumstances, a DUI in California can be charged as a misdemeanor or a felony. Factors like prior convictions, injury or death caused by the DUI, or a previous felony DUI can lead to a felony charge.
What are some factors that can result in a felony DUI charge in California?
Some factors include having three or more prior DUI convictions within the past ten years, causing injury or death while driving under the influence, or having a previous felony DUI conviction.
What are some issues associated with blood tests in DUI cases?
Blood tests in DUI cases can have issues such as improper handling of the blood sample, contamination from alcohol used to clean the needle, and chain of custody violations. These factors can affect the accuracy of the test results.
Helpful Resources
Contact Our DUI Attorney Today
Krueger Legal understands how to investigate DUI cases because we know the system from both sides. Our founding partner, Attorney Phillip Krueger, was a prosecutor before he became a defense attorney. He, along with the entire team, understands that a prosecutor’s case may not always be as strong as it appears—or as strong as they would like defendants to think. So, before pleading out, call Krueger Legal.
Contact Krueger Legal today by calling (209) 565-0750 to get started on your defense with our San Joaquin DUI lawyer.
