If you have been arrested for
driving under the influence, your Orange County criminal lawyer will want to know several things about
your arrest before agreeing to represent you in court. Depending on the
type of evidence the police have on you and the reliability of their reports,
your case might have an easy angle for defense or be considerably more
difficult. One particular area of concern is chemical evidence.
Chemical tests comprise the most important part of the state's evidence
against you. Your attorney will review the appropriate laws regarding
chemical tests, as they are only admissible as evidence if they are properly
administered and in accordance with the correct standards. The admissibility of a
breath test can depend on the qualifications of the officer who administered it, the
procedure used in the test, the accuracy of the testing machine, and the
thoroughness of the maintenance and repair records of the machine.
When blood and urine testing is done, the chain of custody of the sample
must be examined thoroughly, and the qualifications and certifications
of the lab and technicians must be looked into. If there were faulty testing
procedures, or the technicians were trained inadequately, or the sample
was not handled properly, these will be important to your case. It is
also worth noting if a swab containing alcohol was used at the puncture
site from where your blood drawn, as that can inadvertently create an
unduly high blood alcohol result.
If you have questions about the admissibility of a chemical test, contact
The Law Office of Barney B. Gibbs today for a