Breath Tests
What is chemical testing?
Chemical testing is very complex. Whether it’s breath testing, blood testing, both have their flaws. Breath tests are either fuel cell devices which means that they are a hand held device, or they’re an infrared device which means that they use light in determining an alcohol concentration. If you have not reached absorption, and you have not reached equilibrium that breath test can overstate the results by 200% to 300% Blood testing is equally complex, because it’s done through a process of chromatography. If you’ve been arrested for a DUI, and you have a question [...]
How long does alcohol stay in your system?
People often ask, “how long does alcohol stay in your system?” It really depends on the factors of your situation, and it also depends on genetics. Not everybody absorbs alcohol at the same rate. Not everybody metabolizes at the same rate, so it varies. It depends on what you drank, how much you drank, and the times that you drank. When you started, and when you finished. If you’ve been charged for a DUI, and you have questions as to what your blood alcohol concentration may be, then give me a call so that we [...]
DUI v. DWI?
https://www.youtube.com/watch?v=2ij_TFqI_RY […]
Is a Wet Reckless Better than a DUI?
If you’ve been arrested and charged with a DUI in the Southern California, you should take these charges seriously as you could be facing jail time, fines, and suspension of your driving privileges. Fortunately, if you decide to work with an experienced DUI Defense Lawyer, it is possible to have your charges reduced or even dismissed. […]
Understanding Chemical Tests
After a driver has been arrested for DUI, the law requires that the driver submit to a chemical test to determine if the driver is under the influence of alcohol, marijuana, drugs or prescription medication. If the officer is arresting the driver for an alcohol DUI, the driver has the right to choose a breath test or a blood test. If the officer believes that the driver is driving under the influence of marijuana, drugs, or prescription medication, the officer has the right to require the driver to take a blood test. If for some reason a breath or [...]
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 [...]
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 [...]
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. […]
Defending a Palm Springs DUI
The Initial Observation and Contact: An arrest for DUI usually begins when a law enforcement officer comes in contact with a driver while the car is moving. Law enforcement will watch for certain behaviors before they stop a driver under suspicion of DUI. […]
Top Four Reasons to NEVER, EVER Blow into an Alcohol Breath Testing Machine
Top Four Reasons to NEVER, EVER Blow into an Alcohol Breath Testing Machine - Instead, Always Request a Blood Test! : It has always been my opinion that you should NEVER, EVER blow into an alcohol breath testing machine if you are being investigated for DUI - Driving Under the Influence of alcohol by a police officer. Having said that, there are two exceptions: If you are under the age of 21, you must blow into a breath testing machine, because if you refuse you could lose your driving privilege for one year. The second exception is: if [...]
