Breath & Blood Tests

Breath & Blood Tests Defense Attorney in Bakersfield

Providing Skilled & Aggressive Legal Representation

If you are arrested on any DUI charge in California, that usually means you failed an administered breath or blood test. If you register a blood alcohol concentration (BAC) level above legal limit of .08% or higher, an arrest will be made. The usual type of breath test is a "breathalyzer test."

In Bakersfield, law enforcement uses tests that have often been found "inherently unreliable". This test uses your breath to measure the BAC level. The formulas used in the machine to compare your breath alcohol level to your blood alcohol level are commonly inaccurate, which is why you must challenge those tests.

If you believe this may be the case in your situation, it is crucial that you contact a qualified Bakersfield breath and blood test attorney. Call our office at (661) 874-1325 today. 

Facts About Blood Tests

While blood tests are more accurate, no test in existence is 100% accurate. In some incidents, the crime lab may intentionally order test tubes that regularly contain less than 1/5 the required amount of preservative to insure the blood does not ferment.

They intentionally wait for days, weeks, or sometimes months before testing which allows the fermentation process to occur. That fermentation process, as in beer or wine, produces higher levels of alcohol in your blood.

Middlebrook & Associates can enlist the help of an independent toxicologist to support your defense if you have been administered a blood test that resulted in a DUI charge.

Challenging Evidence

The suppression of evidence is part of what an experienced and creative DUI lawyer will do to defend you. If the evidence against you is in question, it can be challenged in court. These court challenges have resulted in hundreds of cases where the charges were completely dismissed.

The equipment used in the breath testing and blood testing is required to have been maintained and checked to see if this maintenance has been properly done. A machine is only accurate if measured against a known standard. If the specific device used has a history of error, this can also be brought to the attention of the court.

There are many factors that can influence BAC tests, such as:

  • A physical or medical condition
  • The incorrect administration of the test
  • A faulty reading on any equipment used.

Any evidence against you will be carefully reviewed by our firm to aggressively fight your charges. Regardless of your circumstances, it is crucial that you speak with a legal professional right away.

Let our Bakersfield DUI firm review your legal situation as soon as possible. Contact us today to schedule your free consultation with our dedicated attorney.

Why Choose Middlebrook & Associates?

  • 38 Years of Collective Legal Experience
  • Over 250 DUI Trials Handled - With a 97.4% Success Rate
  • Handled More Than 8,500 DMV Hearings in Kern County
  • Expert Member of California DUI Lawyers Association
  • ACS-CHAL Forensic Lawyer - Scientist Designation
  • AV Rated by martindale.com - Leading Authority on Attorney Ratings
  • Teaches Lawyers & Scientists - DUIDLA, American Academy of Forensic Science & American Chemical Society
  • Founding & Board Member - DUI Defense Lawyers Association (DUIDLA)
  • Top 100 Lawyers in America - DUI Defense

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Client Testimonials Hear from Real People Who We've Helped
  • “The best law firm!”
    Hello my name is Pedro I did the biggest mistake of my life and drove with alcohol in 2019 in my system. When I got caught I felt like I was never going to get through this by myself till I heard about Richard middlebrook. I went to their office very worried not knowing what was going to happen 2 me or my life. Before Richard and his team got to work they made sure i was calm down and started explaining to me everything by detail in how they work and what I liked the most Is that I didn't have to show up to court not once or twice. I really do recommend them for anybody who is going through hard times like I did you'll be in good hands with Richard and his team they do what they exactly promise to do and that is be their for you and you'll end up with good results by choosing them to pick up your case.
    - Former Client
  • “Richard provided very knowledgeable advice and counsel, and, in fact, every court action played out exactly as he anticipated.”
    Of course he knew the law and the precedents, but more importantly he knows the court, the judges and commissioners, and the other attorneys involved. His greatest value was in knowing how this particular court (Kern County Superior Court - family law division) works, the main players involved, and anticipating each player's actions and responses. No one can tell you for sure what will happen in court, but Richard provided very knowledgeable advice and counsel, and, in fact, every court action played out exactly as he anticipated. He was a little more expensive (in terms of hourly rate) than the other attorneys I interviewed, but he was worth it because he got me exactly what I wanted.
    - Katie T.
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    First, I want to tell you how TRULY thankful I am to you for everything that you did for me. You went above and beyond my wildest expectations and I have nothing but the most immense respect and admiration of your abilities. I know you went the extra mile for me, but I have no doubt that you are just as wonderful and passionate with all of your clients. You deserve all of the success you have Rick. It takes a very special and gifted person to juggle what you do and have all of your achievements to prove it! I wish I could appropriately express my most sincere gratitude for how well you took care of me. THANK YOU RICHARD!!
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