Breath & Blood Tests

Breath & Blood Tests Defense Attorney in Bakersfield

Providing Skilled & Aggressive Legal Representation

If you are arrested on any DUI charge in California, that usually means you failed an administered breath or blood test. If you register a blood alcohol concentration (BAC) level above legal limit of .08% or higher, an arrest will be made. The usual type of breath test is a "breathalyzer test."

In Bakersfield, law enforcement uses tests that have often been found "inherently unreliable". This test uses your breath to measure the BAC level. The formulas used in the machine to compare your breath alcohol level to your blood alcohol level are commonly inaccurate, which is why you must challenge those tests.


If you believe this may be the case in your situation, it is crucial that you contact a qualified Bakersfield breath and blood test attorney. Call our office at (661) 874-1325 today. 


Facts About Blood Tests

While blood tests are more accurate, no test in existence is 100% accurate. In some incidents, the crime lab may intentionally order test tubes that regularly contain less than 1/5 the required amount of preservative to insure the blood does not ferment.

They intentionally wait for days, weeks, or sometimes months before testing which allows the fermentation process to occur. That fermentation process, as in beer or wine, produces higher levels of alcohol in your blood.

Middlebrook & Associates can enlist the help of an independent toxicologist to support your defense if you have been administered a blood test that resulted in a DUI charge.

Challenging Evidence

The suppression of evidence is part of what an experienced and creative DUI lawyer will do to defend you. If the evidence against you is in question, it can be challenged in court. These court challenges have resulted in hundreds of cases where the charges were completely dismissed.

The equipment used in the breath testing and blood testing is required to have been maintained and checked to see if this maintenance has been properly done. A machine is only accurate if measured against a known standard. If the specific device used has a history of error, this can also be brought to the attention of the court.

There are many factors that can influence BAC tests, such as:

  • A physical or medical condition
  • The incorrect administration of the test
  • A faulty reading on any equipment used.

Any evidence against you will be carefully reviewed by our firm to aggressively fight your charges. Regardless of your circumstances, it is crucial that you speak with a legal professional right away.


Let our Bakersfield DUI firm review your legal situation as soon as possible. Contact us today to schedule your free consultation with our dedicated attorney.


Why Choose Middlebrook & Associates?

  • 38 Years of Collective Legal Experience
  • Over 250 DUI Trials Handled - With a 97.4% Success Rate
  • Handled More Than 8,500 DMV Hearings in Kern County
  • Expert Member of California DUI Lawyers Association
  • ACS-CHAL Forensic Lawyer - Scientist Designation
  • AV Rated by martindale.com - Leading Authority on Attorney Ratings
  • Teaches Lawyers & Scientists - DUIDLA, American Academy of Forensic Science & American Chemical Society
  • Founding & Board Member - DUI Defense Lawyers Association (DUIDLA)
  • Top 100 Lawyers in America - DUI Defense

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  • “This Attorney is amazing at what he does, and i would refer anyone i knew in trouble to his law office.”
    After doing research on the internet trying to find an Attorney because my boyfriend was innocent, Mr. Middlebrook came up repeatedly. We got in right away to his office, and after meeting with him, had an overwhelming feeling of relief. He is very respectful, makes you feel like a person, not a criminal, and most importantly is very knowledgeable and reassures you that everything will be ok. We got the best outcome we didn't even think was possible. This Attorney is amazing at what he does, and i would refer anyone i knew in trouble to his law office.
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    I couldn't say more about this lawyer. If you ever have a chance to be associated with him know you are dealing with one of the true gems of the legal profession. His honesty, tenacity, depth of character is beyond reproach.
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  • “Mr. Middlebrook is the man to call to help you get out of this situation as smoothly and with the best outcome as possible.”
    Everyone makes mistakes. If one of your mistakes happens to be a DUI, Mr. Middlebrook is the man to call to handle the situation. Mr. Middlebrook did the impossible in my case, and made sure my DUI did not ruin my life and career. His staff is extremely understanding and supportive through the entire process. If you are reading this it means you made the same mistake as so many others, and as so many others have come to realize; Mr. Middlebrook is the man to call to help you get out of this situation as smoothly and with the best outcome as possible. Make sure to learn from your mistakes, but in the time being stop the bleeding and call Mr. Middlebrook.
    - Christian