DUI News & Articles
Finally – The Myth of the “Gold Standard” is Beginning to Unravel!
As reported in the Los Angeles Times article on November 10, 2013, an Orange County Crime Lab error leads to inaccurate blood alcohol test results that could affect hundreds of DUI cases. You ask, Why is this important? Because for years Gas Chromatography, the process of how law enforcement crime labs test most blood samples for alcohol content, has been referred to as the "Gold Standard" by crime lab personnel. The term "gold standard" is nothing more than crime lab personnel's attempt to cloak the gas chromatography process in secrecy so that the public, as well as many defense lawyers, would not question the process, or understand it for that matter. My experience tells me they don't understand it either. But just like the mighty and powerful Wizard in the Wizard of Oz, once the curtain was pulled back by a curious Toto, everyone was then able to see that the Wizard was not so mighty and powerful after all. Likewise, Gas Chromatography is not the "gold standard" that the government would like the public to believe it is. The truth is, Gas Chromatography is [...]
California DUI Laws
DUI – DRIVING UNDER THE INFLUENCE: Vehicle Code Section 23152(a) - DUI. It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Vehicle Code Section 23152(b) - Driving with BAC of .08% or more. It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. Vehicle Code Section 23152(c) - DUI Drug addiction It is unlawful for a person [...]
BAC .21 Felony DUI with No Jail Time
Law Offices of Manuel J. Barba represented a female client who was involved in a traffic accident by rear-ending another car. After she was arrested Client agreed to a blood test and the results showed .21% Blood Alcohol Concentration. Persons in the other car were injured and the District Attorney charged client with Felony VC23153 (a) – Driving under the influence of alcohol and causing injury, and Felony VC23153(b) - Driving with a blood alcohol concentration of .08% and causing injury. The case was in San Bernardino County, Rancho Cucamonga Court. Disposition: After negotiation, the case settled for a reduced misdemeanor charge, client was placed on probation with no jail time. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.
