How can I argue against blood results for a dui charge?

DETAILS

I did the pre-breathalyzer which is probably not correct since i used a lot of breath spray before and he gave me the breathalyzer only 10-12 min after i used the breath spray and i read tge brand i used takes up to 18 min to be clear. Then i asked for blood results and I haven’t received them yet.. and this happened beginning of September 2011 and a girl I know said she got hers almost a year ago same county and still hasn’t received her blood results. I heard if they don’t put the correct amount of preservative it can react with blood sugar and give a higher blood alcohol count. And I also heard the longer it takes the more likely a false reading .. Please help me! Anything you can think of will be greatly appreciated!

ANSWER

First, it will be important to retain an experienced DUI attorney in Ventura, CA. It will be helpful if the attorney you select has practiced in the jurisdiction where you received the DUI.

Second, the PBT (portable breath test) results that they used during the stop, are not admissible against you at trial for DUI. These tests have been shown to be inaccurate in many instances. I presume when you said, “pre-breathalyzer”, that you are referring to a PBT but correct me if I am wrong. The PBT is just used in conjunction with the roadside tests to gather enough evidence (probable cause) to arrest you for DUI.

Now, with respect to the blood results, I gather that you do not have the results yet. I would wait to get the results before jumping the gun on things that the lab may have done wrong. In the meantime, I would quickly retain an attorney to review your case, analyze the facts, and determine if there is an issue with the blood sample.