Blood and Breath Test Defense

To investigate if a driver has been driving under the influence of alcohol or drugs, a police officer might test the blood alcohol levels. There are generally two ways in which to do this: the breathalyzer test and a blood test. While these are supposed to accurately assess if an individual is impaired by alcohol, they often have misleading evidence due to human error and machine malfunction. If you have been charged with DUI, it is vital that you contact a San Jose criminal attorney from Edward N. Ajlouny, Attorney at Law to help investigate your case and fight your charges.


The breathalyzer test is the most common method that officers use to test the blood alcohol content (BAC) level in the bloodstream. Suspects are asked to blow into a breathalyzer machine, which determines the amount of alcohol in their system by measuring the BAC in the lungs. Unfortunately, there can be many issues with this type of test because it needs to be used exactly right to be effective. Machines that have been used by the police have been proven to be defective, improperly calibrated, or on an incorrect setting, all of which would have given an inaccurate reading.

If a suspect’s levels have tested around .08-.09, then it can be argued that the machine could have been inaccurate due to its margin of error. Much research has proven that the breathalyzer machine has .01 margin of error in many cases, so close readings are not always accurate. This error could have been compounded by the outside air temperature or by a suspect’s medical condition, both of which have shown to affect machine readings.

In addition, a person’s bodily functions such as belching or vomiting prior to testing can increase the amount of alcohol in the mouth. This can cause the breathalyzer to read that there is more alcohol in their system than what actually exists. Officers are supposed to wait 15 minutes before administering the test, to make sure that these kinds of things do not affect the test, but oftentimes they do not. Failure to follow proper procedure can result in the suspect getting their test results dismissed.

Blood Tests

Blood tests are another way for law enforcement officials to test the amount of alcohol in a suspect’s blood. This method is generally more accurate since it involves directly testing the blood itself, rather than using a ratio from the lungs like the breathalyzer. Despite its increased accuracy, however, blood tests still are prone to human error.

In many situations, the person who is testing the blood did not properly training or did not have a license to do so. They could have stored the blood improperly, which allowed it to get contaminated, or perhaps they analyzed the blood incorrectly by putting the wrong amount of preservative. If the sample had too much of the preservative, then it could cause the blood to ferment, which increases alcohol toxicity. If there was too little, then the blood could clot, which also produces higher blood levels. Anyone who has been arrests on suspicion of drunkd driving has the option of getting their blood tested by a physician or licensed medical professional in addition to testing by the police. This will help ensure the accuracy of the results.

Just as the breathalyzer test, there is a proper method for administering the blood test. If an officer or medical professional does not adhere to the procedure, then the sample may be wrong. Failure to follow the rules can result in a grossly inaccurate blood test.

Was your BAC found to be above the legal limit?

If you took a blood or breath test and your results were over .08 percent, then you need to get legal guidance from San Jose DUI attorney, Edward N. Ajlouny, Attorney at Law. After contacting my firm for your free case evaluation, I can thoroughly investigate the details of your case to see if there were any problems with your test. My legal team and I can get access to the circumstances surrounding your case and the procedure that was used to see if there were any issues. My experience in the District Attorney’s office as a prosecutor gives me a better understanding of the prosecution’s motivation and legal strategies that gives me an upper hand on my competitors.

My firm will do everything we can to challenge the evidence so your charges can get reduced or dropped altogether. The consequences for DUI can be very serious, including heavy fines, license suspension and jail time. For second or third time offenders, the consequences increase exponentially. To ensure that you have a skilled defense on your side, do not hesitate to contact my firm. You deserve to have your future in good hands!