Category: Breath Tests

Determining a Driver’s Blood Alcohol Level

Blood alcohol testing is an attempt by law enforcement to determine how much alcohol is in a driver’s bloodstream. If a blood alcohol test result is 0.08% or higher, a driver is presumed to have violated the law (Vehicle Code 23152(b)). Keep in mind that the defense can present evidence, either through cross examination or affirmatively, that the test result is unreliable. It is important to remember that the blood alcohol test is supposed to determine the driver’s blood alcohol concentration at the time of driving the car, and not after the fact. There can be a significant difference between a driver’s blood alcohol concentration at the time of driving and the time the test is taken, which sometimes occurs an hour or more later. Continue reading “Determining a Driver’s Blood Alcohol Level”

Field Sobriety Tests are a Fraud on the Public

Standardized Field Sobriety Tests – Why you should never do them: If a law enforcement officer  has reason to suspect that a person has been driving under the influence, the officer will likely ask the person to perform field sobriety tests. Field sobriety tests are voluntary and no person is required to perform them, however the officer will not tell you that the tests are voluntary.  If a person agrees to perform the field sobriety tests, he or she will be evaluated by the officer on how he or she performs and reacts during the testing. Continue reading “Field Sobriety Tests are a Fraud on the Public”

Under Age 21 DUI Arrest

Why Fight Under 21 Alcohol Arrest?: Most under age 21 alcohol arrests are for .01 blood alcohol concentration or greater.  In most of these arrests, the officer relies on an antiquated breath machine that uses fuel cell technology. There are many factors that can affect the accuracy of the result from a fuel cell device.  It is essential that you have an expert DUI defense lawyer who has expertise with these breath machines defend you.

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