Machine Error

When breath tests are given after an arrest for a Bakersfield DUI, there are areas in which they may not measure correctly. If the machine is not maintained properly, then there may be cause to suspect that the result from the breath test was incorrect.

Human Error
It is easy for field sobriety tests to be mishandled. There can be a number of reasons in which a person may fail field sobriety tests given at the scene of a Bakersfield DUI that are not because of inebriation. Whether it is poor road conditions, poor lighting or a previous medical condition, you may fail these tests without even having a drink.

Also, it is up to the arresting officer to decide if you have passed or failed. They may interpret certain actions as reason to suspect you of inebriation, such as asking questions. They may not administer the tests properly, but will believe that you are inebriated because you could not follow what they were asking.

The Bakersfield DUI Defense Firm will subpoena the necessary witnesses, experts and documents in your Bakersfield DUI case.  We will not hesitate to require testimony of the arresting officer, subpoena video and all recordings.