Defense Against Breath & Blood Tests

Representation from a DUI Defense Lawyer in Bakersfield

When arrested on any DUI charge in California, you have usually had either a breath or blood test administered. 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." Officer holding up breath test to person in car

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.

When it can be shown that there is a possible error in the test, in most cases the charges against a person will be dropped or at least reduced.

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 if you have been administered one of these tests resulting in a reading above the legal limit.

Facts About Blood Tests

While blood tests are considered to be 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 from days to weeks and 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.

Attorney Richard Middlebrook at 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 in order 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.


  • Middlebrook & Associates

    This Attorney is amazing at what he does, and i would refer anyone i knew in trouble to his law office.

  • Middlebrook & Associates

    From the moment you walk into the office the staff is gracious and accommodating.

  • Middlebrook & Associates

    Mr. Middlebrook is the most knowledgeable attorney I have ever worked with.

  • Middlebrook & Associates

    Richard provided very knowledgeable advice and counsel, and, in fact, every court action played out exactly as he anticipated.

  • Middlebrook & Associates

    You did a great job!

  • Middlebrook & Associates

    If I am ever in need of an attorney again, there is no doubt I would hire Mr. Middlebrook's firm.

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