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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Client Testimonials Hear from Real People Who We've Helped
  • “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
  • “Highly recommended!”
    I was impressed with the results of my case and do not feel another law firm would have reached the outcome that they did. They needed little communication from me and handled everything without me needing to be present. They answered when I had questions and completed my case quickly.
    - Samantha M.
  • “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 DUI attorney available!”
    My wife and I just wanted to express our gratitude for what Mr. Middlebrook has done for our son. We were afraid of the worst possible outcome. Not only did he offer us comfort but he delivered a terrific outcome on the case. We thank you so much and would suggest to anyone that they hire Richard Middlebrook if they should ever need the best damn DUI attorney available!
    - John F