# DUI Breath Blood Test Las Vegas > Facing DUI breath blood test charges? De Castroverde Law defends your rights in Las Vegas. Free consultation. - Canonical: https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/breath-blood-tests/ [Home](https://decastroverdelaw.com/) » [Our Criminal & Immigration Practice Areas](https://decastroverdelaw.com/practice-areas/) » [Las Vegas Criminal Defense Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/) » [Las Vegas DUI Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/) » DUI Breath Blood Test Las Vegas # DUI Breath Blood Test Las Vegas [![Orlando De Castroverde — Las Vegas Criminal Defense Attorney](https://decastroverdelaw.com/wp-content/uploads/2024/07/orlando-de-castroverde.png)](https://decastroverdelaw.com/attorneys/orlando-de-castroverde/) Legally Reviewed By: [Orlando De Castroverde](https://decastroverdelaw.com/attorneys/orlando-de-castroverde/) Criminal Defense Attorney at De Castroverde Law Group Member of the Nevada Justice Association’s Membership Committee; Guardian of Justice, Board of the Las Vegas Metropolitan Department Foundation, Nevada State Bar September 24, 2026 Have you recently been pulled over on suspicion of [drunk driving in Las Vegas](/practice-areas/criminal-defense-attorney-las-vegas/dui/)? Except for in rare circumstances, the government’s case against a driver will be built upon a blood or breath test showing a BAC above Nevada’s legal limit, so the defense often focuses on [BAC limits and how blood alcohol is measured](/practice-areas/criminal-defense-attorney-las-vegas/dui/bac/). If a driver is operating a motor vehicle while with a BAC of .08% or greater, as determined by a breath or blood test, he or she is considered to be driving “under the influence” and may be charged with DUI. The driver will also face driver’s license suspension by the [Nevada Department of Motor Vehicles](http://www.dmvnv.com/) (DMV). These tests are believed to be more “scientific” in nature and therefore more foolproof; however, it does not necessarily mean that they will be without flaws. With the assistance of an experienced DUI defense firm, you can attack the validity of these tests and will be able to combat the charges. ### Breath Test – Challenging the Evidence One of the most common forms of chemical testing is that of the breath test. The process for this test is simple and will almost automatically deliver the results of the test. All a subject will need to do is breathe into the machine’s mouthpiece (commonly referred to as a Breathalyzer) and deliver a breath sample from a deep breath – one from the lungs, not shallow breathing. The machine will then analyze this sample and deliver back a reading of the subject’s blood alcohol concentration (BAC) to let the officer know whether or not the subject is over the legal limit. This is common and therefore many people believe it is a solid form of testing. The truth, however, is that there are many flaws associated with this type of test. For example, it is mandatory that the Breathalyzers receive regular calibration to ensure that they are delivering accurate results. If they have not been checked lately, the results will be unable to be thoroughly relied upon. Even if the machine is running 100% accurately, however, there are other factors that could cause a false reading – such as the existence of mouth alcohol throwing off the machine. Prosecutors usually pair the breath result with the officer’s notes on [field sobriety testing](/practice-areas/criminal-defense-attorney-las-vegas/dui/field-sobriety-tests/), so the defense has to challenge both. ## What are the flaws of DUI blood tests? Following the breath test, you may be asked to submit to a form of DUI testing known as the blood test. This is typically administered either at the police station or the local hospital, because the blood must be drawn by an authorized and fully trained professional. This blood sample is then sent to the lab and will be tested using the most sophisticated of equipment and will deliver the most accurate results regarding the BAC of the subject. Even this, however, is prone to error. If the person who drew the sample was not properly trained, or failed to follow regulation procedure, your sample could be tainted. To test BAC through blood testing, it is required that the draw spot is sterilized with a product that does not have any alcohol in it (as this could contaminate the sample). If they cleaned the subject’s draw spot with an alcohol-based product, the sample would be skewed. Similarly, if the sample was not stored with the proper amount of anticoagulants or preservatives, it could begin to clot. The largest mistake, however, is simply in tracking where the sample is and who has access to it. If the sample leaves the possession of the authorized personnel, chain of custody is broken, and the results could be ruled invalid. ### De Castroverde Law Group Can Help If you have been criminally charged with driving under the influence, a [Las Vegas criminal defense lawyer](/practice-areas/criminal-defense/) at De Castroverde Law Group is prepared to help you fight for your desirable outcome. We have extensive experience in handling criminal cases of all kinds and focus on handling the complex DUI-related cases. We have the experience needed to handle these cases and are even prepared to help those who are crossing state lines. When your future is on the line, you need to be confident that you have an advocate on your side who will be able to go the distance for you. We have years of experience and are a family-run firm. [Contact](/contact/) our Las Vegas DUI defense lawyers today to learn how we can fight for you! ## Related Services - [DMV Hearings in Las Vegas, Nevada](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/dmv-hearings/) - [Drug Charge While Visiting Las Vegas](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/drug-charge/) - [DUI Auto Insurance Nevada](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/dui-and-auto-insurance/) - [DUI Bodily Harm Las Vegas Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/bodily-harm/) - [DUI Causing Death Nevada Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/dui-causing-death/) - [DUI License Revocation Nevada](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/revocation-of-license/) - [DUI with Injury Las Vegas Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/dui-with-injury/) - [Field Sobriety Test Las Vegas Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/field-sobriety-tests/) - [Frequently Asked Questions About DUIs in Las Vegas](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/frequently-asked-questions-dui/) - [Las Vegas CDL DUI Lawyer](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/cdl-dui/) - [Las Vegas Drug DUI Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/drugs-dui/) - [Las Vegas DUI Arrest Defense](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/dui-arrests/) - [Las Vegas DUI Manslaughter Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/dui-manslaughter/) - [Las Vegas DUI Penalties Guide](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/dui-penalties/) - [Las Vegas DUI Vehicle Impoundment](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/vehicle-impoundment/) - [Las Vegas Felony DUI Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/felony-dui/) - [Las Vegas First DUI offense Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/first-dui-offense/) - [Las Vegas Multiple DUI Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/multiple-duis/) - [Las Vegas Underage DUI Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/underage-dui/) - [Nevada BAC Levels and DUI Law](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/bac/) - [Out of State DUI Las Vegas Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/out-of-state-dui/) - [Unlawful Police Stops in Las Vegas](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/unlawful-police-stops/) - [Why Hire a DUI Attorney Las Vegas](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/why-hire-a-dui-attorney/) [Back to Las Vegas DUI Attorney](https://decastroverdelaw.com/practice-areas/criminal-defense-attorney-las-vegas/dui/) ![Orlando De Castroverde](https://decastroverdelaw.com/wp-content/uploads/2026/04/left-img-visit.webp) ## Visit Our Offices ### Las Vegas [1201 S. 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