California BAC Defense Lawyer

A blood alcohol test may be administered

Our San Jose lawyers know how to challenge blood alcohol test evidence on behalf of individuals facing DUI charges. At Hinkle, Jachimowicz, Pointer & Emanuel, we have experience with the technicalities of blood alcohol tests and will investigate the evidence presented against you.

Blood alcohol level affects your ability to drive, but the administration of the test may produce inaccurate results. We will investigate the facts of your case and challenge any illegally obtained evidence. Contact us today for a free consultation.

A blood alcohol test measures the amount of alcohol in your bloodstream at the time the test is given. Alcohol is absorbed into the blood and its level determines how much you have consumed. The amount of alcohol in your blood will be highest approximately one hour after drinking; however, food and metabolism may increase the amount of time it will take for alcohol to be absorbed into the bloodstream.

Evidence used in DUI prosecutions must be legally obtained
In addition to breathalyzers and field sobriety tests, blood alcohol tests are used as evidence to prove that you were driving over the legal limit. When you need aggressive DUI defense, you want a lawyer experienced in challenging blood alcohol test evidence (blood alcohol content or BAC) and the technicalities of blood alcohol testing. Our attorneys know how to review DUI arrests to determine whether evidence was properly obtained. We will seek to have any illegally obtained evidence suppressed and your charges dropped.

Improper blood testing may lead to erroneous results
In order to pursue a DUI or DWI, police are required to get two samples of blood which must be mixed with a preservative and placed in separate vials. One is used for the crime lab and the other goes to an independent lab. If there is a difference in the results, the evidence may not be admissible in court. Further, the person drawing the blood must follow strict guidelines (chain of evidence) in storing and marking the vials. We will investigate the administration of the test to determine whether the person was experienced and properly trained. If a technician was not certified, then we may be able to suppress the evidence and get your charges dismissed.

Contact us today for a free consultation with an experienced DUI lawyer. Our attorneys in San Jose and Gilroy, California, are dedicated to providing aggressive criminal defense.

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