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

Get Help Immediately

Call (661) 874-1325 or Submit This Form

We are here to help! Hablamos Español.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Middlebrook & Associates at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
Client Testimonials Hear from Real People Who We've Helped
  • “Highly professional and effective.”
    I'm a civil trial lawyer practicing in another state. In 2020, after a questionable traffic stop, my daughter was arrested for DUI. Our family engaged Middlebrook & Associates to assist her. They identified weaknesses in the State's case and formulated a trial strategy. While waiting for trial, they prevailed in the administrative proceeding, allowing my daughter to retain her driver's license. On the first day of trial, I could tell Middlebrook & Associates had the respect of the trial judge and prosecutor. They developed an excellent rapport with the jury and demonstrated deep understanding of the science related to DUI cases. Their cross-examination of the arresting officer was respectful yet effective. The jury acquitted my daughter on one charge and deadlocked on the other, leading to an acceptable plea agreement and eventual dismissal and expungement of all charges. We are very grateful to Middlebrook & Associates for their highly professional handling of our daughter's case. I highly recommend them.
    - Ken I.
  • “I want to tell you how TRULY thankful I am to you for everything that you did for me”
    First, I want to tell you how TRULY thankful I am to you for everything that you did for me. You went above and beyond my wildest expectations and I have nothing but the most immense respect and admiration of your abilities. I know you went the extra mile for me, but I have no doubt that you are just as wonderful and passionate with all of your clients. You deserve all of the success you have Rick. It takes a very special and gifted person to juggle what you do and have all of your achievements to prove it! I wish I could appropriately express my most sincere gratitude for how well you took care of me. THANK YOU RICHARD!!
    - Jennifer M.
  • “Aggressive and informed representation”
    Thank you for providing aggressive, informed representation and ensuring me a fair, rational legal process.
    - Aaron Jacobs
  • “Best DUI Attorney Around!”
    Mr Middlebrook came highly recommended by a friend who is also an attorney. Mr Middlebrook's knowledge and experience was immediately evident to me during our first conversation about my DUI citation. While I've heard all too often that it's not worth trying to fight a citation for a DUI, he gave me the confidence to do so when I ended up getting one. From that day forward he and his team took care of everything and kept me well informed throughout the process. He was very responsive to any questions I had and while he provided options at every stage along the way, his advice (which you'd have to be a fool not to follow given his track record in these cases) prompted me to pursue the best outcome possible rather than settle for less. He knew he could win and he did. My case was dismissed by the judge before it ever made it in front of a jury. I couldn't be more thankful to him and to my friend for the reference. Hopefully this recommendation will help others achieve a similar outcome by utilizing his expertise. He's worth every penny. Give him a call and speak to him just once about his experience and advice as it pertains to your specific situation. You'll understand what I mean.
    - Eric

Stay In The Know

Recent News & Updates