DUI convictions in Orange County and throughout California often rest on the results of one or more California DUI tests. While many people charged with drunk driving believe that there is no way to avoid conviction if they have failed these tests, an experienced DUI lawyer can often fight the charges.Types of California DUI Tests
BAC Testing in California
BAC tests measure the concentration of alcohol in the driver’s blood. These tests can be administered in a variety of ways, including breath alcohol tests, blood alcohol tests, and urine tests. While both the prosecution and the DMV tend to take these tests at face value, these tests are far from perfect. Some of the most common grounds for challenging chemical DUI tests include:
- Lack of probable cause, meaning that the officer had no right to administer the test and the results may be excluded from evidence
- Faulty testing equipment, such as a breathalyzer test machine that has not been properly calibrated
- Flawed administration of the test, calling the validity of the results into question
- A delay in administration of the test, raising the possibility that BAC increased between the time of the arrest and the time of the test
- A break in the chain of custody of a blood sample or urine sample
Depending on the specifics of your case, there may be other grounds for challenging the accuracy or admissibility of DUI test results.
Field Sobriety Testing in California
Field sobriety tests are dependent on human administration and human observation, which means that mistakes can occur, and conclusions can be disputed. Environmental factors can also impact the reliability of a field sobriety test. For example, if the ground where a test is administered is wet, uneven, or rocky, that may impact a driver’s ability to perform the tests successfully.
In addition, there are very specific guidelines to be followed in administering field sobriety tests. Many law enforcement officers do not adhere to these guidelines or make mistakes in the administration of the tests. Often, scrutinizing video of the testing will reveal errors or procedural violations that call the test results into question.