A person’s blood alcohol content can be determined by testing a sample of the person’s blood. Compared to a breath test, a blood test is generally a more accurate method to determine a person’s blood alcohol concentration if the analysis is done correctly. However, blood alcohol analysis is a very complicated process and there are many factors related to blood testing that can cause the result to be unreliable. Continue reading “DUI Blood Alcohol Testing & How To Fight Them”
There is a certain group of people, whether they are members of law enforcement or other government players, Mothers Against Drunk Driving (MADD), etc., that in essence want to see prohibition again, where it is illegal to drink alcohol, period. Continue reading “Is DUI Prosecution Influenced by Politics?”
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”
Palm Springs Life Magazine, a local iconic publication produces a once yearly list of their “Legal Eagles”. This list is compiled of the very best and recognized attorneys that serve the low desert communities including Palm Springs and surrounding. To make the list is not only an award but also an honor for any practicing attorney.
The Law Offices of Manuel J. Barba recently represented a female client who was arrested for VC23152 (b) – driving with a blood alcohol concentration of .08% or more. The prosecution’s blood test result was .35% blood alcohol concentration.