NAPA BLOOD & BREATH TESTS

Blood and breath test results often make for a stronger case for the prosecution.  Nonetheless, it does not mean that all is lost even if your test results reflected that you were over the legal limit.  Blood and breath tests are certainly prone to errors and an experienced Napa DUI attorney knows how to expose these errors and overcome the detriments that stem from the test results.

About Blood Tests

If administered properly, blood tests are the most accurate tests for measuring a person’s blood-alcohol-content (BAC) level.  They are more reliable than breath tests; however, they are not infallible. A key issue when it comes to blood testing is the integrity of the blood sample.  Most often, because blood tests are not administered properly and the sample is not properly preserved, the blood sample will ferment, clot, or be unreliable because bacterial growth occurred.  The result then is an erroneous rendering of a driver’s true BAC.

Even if a blood test is administered properly and the sample preserved correctly, it does not necessarily mean conclusively that a driver was intoxicated at the time he or she was “driving.”  Because alcohol levels do change with time, a result of .08% or more does not necessarily mean that the driver was over the legal limit at the time he or she was actually “driving.”  One of the first things that drivers should do when submitting to blood tests is enforce their right to have a blood sample preserved for independent testing later on.  The benefit of getting an independent test conducted is that it may be established that your BAC at the time of driving was in fact “below” the legal limit.  In addition, an independent lab will be able to determine if the proper amount of anticoagulant and preservatives was used, whether there is any bacterial activity, and if the blood sample is actually yours.