State Chemical Evidence

The State’s Chemical Evidence

If you have been arrested for a DUI, the arresting officer may have administered a chemical test to determine your blood alcohol content (BAC). However, the admissibility of these chemical test results depends on whether the police officer administered them appropriately. Your Orange County DUI attorney will thoroughly evaluate your case to determine whether the results can be admissible in your DUI case.

In the case of a breath test for BAC, the results are admissible only if the police officer that administered the test was properly qualified, the test was conducted according to proper standards and guidelines, and the machines used for testing were accurate and calibrated.

With regards to blood or urine testing, similar standards for breathalyzers, must apply. But additionally your Orange County DUI attorney will also examine the laboratory qualifications and certifications of the technicians, the chain of custody of the sample, and the reporting procedures for the results.

There are numerous errors that could be made in the administration of these tests, such as:

  •          Testing procedures that were faulty;
  •          Lack of adequate training of the technician;
  •          Lack of proper inspections of the facility; and
  •          Disregard or negligence of regulations on sample  handling.

Specifically, in the case of a blood test, contamination is possible if the puncture site was cleaned with an alcohol swab prior to the testing, which results in a higher BAC level. Your Orange County DUI attorney will look for any of these possible errors in either reducing your DUI charges or getting them dismissed altogether.

You will always have the option of refusing to submit to such chemical tests. Although the prosecution will have to prove its case without such chemical evidence, the refusal itself can be used as evidence against you. However, the best Orange County DUI defense attorney may be able to show that your refusal was not actually a refusal, but simply your desire to seek counsel prior to taking the tests.

Do not give up hope if you have been charged with a DUI, for a DUI does not mean an automatic conviction. An aggressive Orange County DUI attorney will examine all the evidence, including the objective results of the chemical tests, in preparing a strong defense that will cast doubt in the jury’s mind on the validity of the prosecution’s case. Call the best Orange County DUI defense attorney Mike Coffey today to discuss your case. The initial consultation is free.