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 be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
Client Testimonials Hear from Real People Who We've Helped
  • “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
  • “No words to describe the teams professionalism”
    I was arrested for a first time DUI on December of 2015. I went to Mr. Middlebrooks's office the very next day and explained my case. He gave me a step by step overview of what is going to happen. It would be a shame on my part if I didn't review his teams work for me. I was updated promptly and they basically took over the entire area and only called me once or twice where I was actually needed with my case. After 6 months of deliberation, he managed to get my case thrown out due to technicalities and all charges were dropped against me. My greatest gratitude goes to his entire team. I've had sleepless nights over my arrest and how my future was going to be permanently affected if I had been convicted. After researching, I noted that he actually charges a bit more than the average for a DUI attorney in town, but I have absolutely no regrets whatsoever with his service and I would not hold back from recommending his office to anyone. I truly appreciate his teams commitment to quality of work they have done.
    - Gabriel
  • “From the moment you walk into the office the staff is gracious and accommodating.”
    From the moment you walk into the office the staff is gracious and accommodating. They do their best to make you feel like they actually care about you and your case. Mr. Middlebrook is very knowledgeable and takes the time to answer all your questions. If you are looking for a caring, hard working and knowledgeable attorney I would highly recommend The Law Office of Richard O. Middlebrook.
    - Name Withheld
  • “The best law firm!”
    Hello my name is Pedro I did the biggest mistake of my life and drove with alcohol in 2019 in my system. When I got caught I felt like I was never going to get through this by myself till I heard about Richard middlebrook. I went to their office very worried not knowing what was going to happen 2 me or my life. Before Richard and his team got to work they made sure i was calm down and started explaining to me everything by detail in how they work and what I liked the most Is that I didn't have to show up to court not once or twice. I really do recommend them for anybody who is going through hard times like I did you'll be in good hands with Richard and his team they do what they exactly promise to do and that is be their for you and you'll end up with good results by choosing them to pick up your case.
    - Former Client