Breath, Blood & Urine Tests: How to Challenge the Results in a DUI Case

Driving Under the Influence (DUI) charges are serious offenses with long-lasting consequences that can impact your livelihood, your driving privileges, and your freedom. When facing a DUI case, especially in Santa Cruz, California, one of the most critical pieces of evidence used to build the prosecution’s case is the results of breath, blood, or urine tests.

A DUI attorney, like myself, at the Law Offices of Andrew C. Janecki can help you challenge the results in a DUI case. For those facing DUI charges, understanding how to challenge these results can make a difference in the outcome of the case. Let’s explore the ways in which these test results can be contested, common mistakes in testing procedures, and potential defenses.

Potential Errors and Challenges of Breath Test Results

Breath tests are commonly used to measure blood alcohol content (BAC) during a DUI stop. While these tests are designed to provide quick and reliable results, there are several ways in which breath test results can be challenged. A DUI attorney must examine the circumstances surrounding the administration of the test to identify potential flaws in the process.

One major issue is the improper calibration of the breathalyzer. To maintain accuracy, breathalyzers need to be regularly calibrated according to the manufacturer’s specifications. If a device hasn't been calibrated properly, the results may be unreliable.

A DUI attorney can investigate whether the necessary calibration procedures were followed to challenge the validity of the test results. Errors in administering the test also provide grounds for challenge. The officer performing the test must be properly trained and qualified.

If the officer didn’t follow correct procedures, such as failing to observe the driver for the required 15-minute waiting period before administering the test, the results could be invalid. Another factor that may affect breath test results is the driver’s health conditions.

Medical conditions like acid reflux or GERD (gastroesophageal reflux disease) can cause residual alcohol in the mouth, leading to falsely high BAC readings. A skilled DUI attorney can argue that the results don’t accurately reflect the defendant’s actual BAC. Environmental factors also play a role in breath test accuracy.

Certain chemicals, or even mouthwash, can interfere with breathalyzer readings. Breathalyzers are highly sensitive instruments, and contamination from external substances can distort the results. A challenge based on environmental factors may be appropriate if the test was influenced by something that wasn’t taken into account during the administration.

Mistakes and Legal Challenges of Blood Test Results

Blood tests are widely regarded as one of the most accurate methods for determining BAC in DUI cases, but they aren’t without their flaws. Several factors can challenge the validity of blood test results, and a DUI attorney can carefully investigate these issues to identify weaknesses in the prosecution’s case.

One of the most significant challenges involves proving the chain of custody. If there are breaks or inconsistencies in how the blood sample was collected, stored, or transferred, it could call into question the accuracy of the test results. If the prosecution fails to prove that the sample was properly handled throughout the process, the results may be deemed inadmissible.

Another issue is the potential contamination of the blood sample. Blood samples require careful handling, and contamination can occur if improper techniques are used or if the sample isn’t stored in the proper conditions. A DUI attorney can review lab reports and procedures to determine whether contamination might have affected the test results.

Similarly, the improper use of preservatives is another common challenge. To prevent fermentation, blood samples require preservatives. If the sample wasn’t properly preserved, alcohol could continue to ferment, potentially leading to an inflated BAC result.

Finally, the time lapse between the arrest and the blood draw can also affect the results. If too much time has passed between the arrest and when the blood was drawn, the BAC at the time of the test may not accurately reflect the BAC at the time of driving.

Challenges and Considerations of Urine Test Results

Urine tests are less commonly used than breath or blood tests in DUI cases, but they may still be utilized in some situations. While urine tests can detect the presence of drugs in the system, they aren’t reliable for measuring alcohol levels, and there are several ways to challenge their accuracy. Unlike blood or breath tests, urine tests don’t directly measure BAC.

Instead, they detect alcohol in the urine, which means the results can be inconsistent and inaccurate. This can be particularly true if the individual is dehydrated or if the urine was collected too long after alcohol consumption. A DUI attorney can challenge urine test results by pointing out that the test doesn’t directly measure BAC.

Another way to challenge urine tests is by questioning the collection methods. If the urine sample isn’t collected in a sanitary manner or if it’s mishandled during transport, the results may be invalid. Proper handling is crucial for the integrity of the test, and any lapse in this process can be grounds for contesting the evidence.

Additionally, delays in testing can affect the accuracy of urine test results. Alcohol and drugs are metabolized over time, so if there is a significant delay between the time of consumption and the test, the results may not reflect the individual's actual level of impairment at the time of the offense.

Common Defenses Against DUI Test Results

While breath, blood, and urine tests can be powerful evidence in a DUI case, there are several defenses available to those who have been charged with DUI. A DUI attorney can help you assess the validity of the evidence against you and build a defense strategy. Common defenses include:

• Challenging the accuracy of the test results: Whether it’s breath, blood, or urine, if the test results are inaccurate, your attorney can argue that the evidence should be dismissed. This could be due to improper administration, faulty equipment, or errors in the testing procedure.

• Questioning the legality of the stop: If the initial traffic stop was made without reasonable suspicion or probable cause, any evidence gathered during the stop, including test results, may be inadmissible. A DUI attorney will investigate the circumstances surrounding the stop to determine if it was legally justified.

• Failure to observe testing procedures: If the officer didn’t follow proper procedures when administering the test, your attorney can argue that the results are unreliable. Proper procedures are crucial to obtaining accurate results, and any deviation from protocol may be grounds for challenging the evidence.

• Lack of proper training: In some cases, the officer administering the test may not have been properly trained, leading to errors in the testing process. Your attorney can argue that the results are unreliable due to the officer’s lack of training or certification.

Ultimately, challenging the results of breath, blood, and urine tests in a DUI case requires a thorough understanding of the legal processes. Working with an experienced DUI attorney from the Law Offices of Andrew C. Janecki can make all the difference in assessing the evidence and crafting a defense strategy that is tailored to your case.

Contact the Law Offices of Andrew C. Janecki

Challenging the results of breath, blood, and urine tests in a DUI case is a critical part of defending your rights. Whether the test results were inaccurate due to improper administration, equipment malfunction, or procedural errors, a DUI attorney can help build a strong defense to protect you from the severe consequences of a DUI conviction. The Law Offices of Andrew C. Janecki serves Palo Alto, San Jose, San Francisco, and Berkeley. Reach out to me today.