Vista DUI Defense

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BLOOD AND BREATH TESTS IN A VISTA DUI

Blood and breath tests are used by the arresting agency to confirm the blood alcohol content of a suspected Vista drunk driver. In California all drivers are required to submit to a chemical BAC (Blood Alcohol Concentration) Test. This test is usually conducted after a person is arrested on suspicion of a Vista DUI. The test can generally be conducted through a blood or breath test.

A breath test is done with a breathalyzer machine. There are a number of different versions of breathalyzers, but they all work virtually the same. A suspected Vista drunk driver is asked to blow into a device that calculates the blood alcohol in the mouth. The arresting agent should make sure that you do not chew gum, vomit or smoke immediately prior to conducting the test as it could greatly vary the results of the test. Also, breathalyzers are required to have detailed calibration records kept. Failure to properly maintain these records could result in an inaccurate reading. An experienced Vista DUI Defense Lawyer will subpoena the records of the breathalyzer used in your case and hire an expert toxicologist to testify on any defenses.

A blood test is more accurate than a breath test since it takes a direct sample, however it does not pinpoint the exact BAC at the time of driving. A blood test only depicts a suspected Vista drunk driver’s BAC at the time the sample is taken. Additionally, the arresting agent and the person obtaining the sample must follow strict guidelines to ensure that the sample is preserved properly. A contaminated sample could lead to a dismissed Vista DUI case. Also, a Vista DUI criminal defense attorney can order the lab responsible for taking the sample to render it over for further examination. This is referred to as a "blood split."

Since, California operates on an implied consent law – where if you are licensed to drive in the state of California you have given your implied consent to take a chemical test when suspected of a Vista DUI – refusal to submit to a chemical test will result in harsh penalties including lengthy license suspension.

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The information on this California DUI Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
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