DUI Lawyer in San Bernardino: Reviewing the State’s Chemical Evidence
Chemical evidence is vital to the state’s case. Accordingly, your San Bernardino drunk driving attorney will thoroughly examine the applicable set of laws and standards for chemical tests. Keep in mind that the results from chemical tests are only admissible if they were given in accordance with the proper standards. More specifically, the admissibility of the results of a breath test depends on whether or not the police officer who gave you the test was qualified to do so, what test procedures were used at the time, the accuracy of the testing machine used, and the machine’s maintenance and calibration records.
Furthermore, if you were subjected to blood or urine testing, the technician’s credentials and the lab’s certifications, as well as the chain of custody of the sample will have to be examined. Possible related errors can include flawed testing procedures, insufficient technician training, unacceptable facility inspections, and failure to adhere to sample handling regulations. Your San Bernardino DUI attorney will need to look into both the equipment and reporting standards as well.
Moreover, if the police officer used a swab that contained alcohol on the area from which blood was taken, doing so can result in you having an unduly high and erroneous blood alcohol test, and such contamination can lead to the suppression of that particular portion of evidence. Also, in cases in which urinalysis was involved, your attorney will look into the possibility of challenging the reliability of the urinalysis as a means of determining blood alcohol content.
If you declined to take a chemical test, your attorney must look at how your refusal will affect your defense. Even though the state may not have the benefit of the chemical test as evidence, it may be able to introduce the fact that you refused to take the test. However, your attorney may, in turn, be given the opportunity to show that your refusal to take the test was due to your desire to consult with an attorney, which can represent a good faith refusal to submit to a test. If you need the skills of a San Bernardino drunk driving attorney, please call Scott T. Stotz for a free consultation.