Blood, Breath And PAS Tests

The prosecution relies on blood and breath tests in order to build their case, but such testing can be flawed in a variety of ways, making the evidence against you inadmissible. Where defects in the testing process are found, charges can be reduced or dismissed.

Rien, Adams & Cox, LLP, has been challenging such evidence and protecting the rights of individuals charged with drunk driving for nearly three decades. Their lawyers recognize the importance of leaving no stone unturned in defending someone accused of such a serious offense. They will work to ensure that faulty or inaccurate evidence is never used to get a conviction.

Am I Required To Take The Test?

In California, you are legally obligated to take either a blood test or a breath test if a police officer suspects you are driving under the influence of alcohol or drugs. Failure to submit to one of these tests can result in any or all of the following consequences:

  • A "refusal" will be charged as an enhancement to your DUI, which can result in additional jail time.
  • The prosecution can use evidence of a "refusal" to help establish your guilt in court.
  • The Department of Motor Vehicles will suspend your driving privileges.

There are, however, defense options for chemical test refusals. An experienced attorney can take advantage of these options in saving you from additional punishment, use of the evidence to establish guilt in court and from the licensing consequences imposed by the DMV.

If You Submit To Blood And Breath Tests

In every case, the police will draw two samples: One is for the prosecution and another one is for testing for the defense. It is important that police follow proper rules while administering tests, because one small mistake could have a major impact:

  • Blood tests: The police are obligated to secure the draw of two forensic vials of blood. One is available to the prosecution for testing, the other to the defense. There is a difference between blood tests drawn for forensic purposes (criminal evidentiary use) and those for treatment purposes. An improper or inadequate draw of blood may result in the prosecution's inability to use the sample against an accused, or other sanctions. Rien, Adams & Cox, LLP, has the expertise to evaluate the evidentiary value of blood tests, to have samples re-examined by forensic toxicologists, and to seek sanctions for improper collection or testing procedures.
  • Breath tests: There are many technical rules governing the collection of breath samples in DUI cases. Even after a sample is collected there are variables among individuals that might make a result inaccurate. Rien, Adams & Cox, LLP, has the expertise to evaluate the evidentiary value of breath tests, to have the procedures for its collection and variants among individuals examined by toxicology experts and to seek sanctions for improper testing procedures. This may include a challenge to not only the mechanics of the testing equipment, but to the qualifications of the law enforcement officer conducting the test.

Contact Us

Your call will not be fielded by an answering machine or voicemail. A live operator is available 24 hours a day, 7 days a week, at Rien, Adams & Cox, LLP . A lawyer is standing by, ready to protect your rights and minimize the impact of a breath or blood test. There will always be someone to take your call and answer your questions.

Contact the firm today for a free initial consultation. Serving clients in Livermore, Pleasanton, the Bay Area, the Central Valley and throughout Northern California.

  • peer-review
  • super-lawyer
  • state-bar
  • The National Top 100 Trial Lawyers