Blood Test for DUI in Los Angeles

Am I guilty of a DUI if the results of a breath test prior to arrest were above .08% but results after the arrest were below .08%?

February 12, 2012

As many DUI lawyers in Los Angeles believe, generally speaking, a person whose blood alcohol level chemical test shows below .08% alcohol by weight will not be prosecuted for a DUI. Off course, erratic driving, accident, and presence of other substances in blood that can cause impairment, will cause the police agency/prosecuting agency to file VC 23152(a), generic DUI count. A knowledgeable Los Angeles drunk driving attorney will be able to convince the prosecutor to file reduced charges or no charges at all. Assuming that the police did not find evidence of other substances in blood of the defendant and there was no erratic driving, a result of below .08% BAC during evidentiary test will get a no filing with […]

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Scientific Support in Undermining Results of Blood/Breath Test.

February 5, 2012

A skillful DUI lawyer in Los Angeles will use science to attack the reliability of breath results. Some Los Angeles DUI lawyers have background in science, others learned enough from books and experts. The prosecutor, as part of his case, will use an expert to interpret the blood results and opine on the impairment. Defense can either attack the testimony of the People’s expert or/and can call its own expert who will opine that there is no impairment and/or that the alcohol level at the time of driving is below the statutory .08%. Short of calling your own expert, Los Angeles DWI lawyers need to know basic scientific articles discussing science behind alcohol impairment and level of alcohol in blood. […]

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DUI test: problems and results

January 30, 2012

Any DUI prosecution depends on blood or breath test results that will be used to prosecuted a DUI case.  DUI test results then will be presented to the court as evidence of guilt. DUI lawyer Los Angeles knows how to defend against DUI test results and will prepare a defense of DUI test. Knowledgeable Los Angeles DUI lawyers can undermine results of a DUI test using scientific approach to DUI.  Depending on the circumstances of a DUI arrest in Los Angeles, DUI test results can be very defensible. There are number of approaches that can be taken by drunk driving defense lawyer against both DUI blood test and DUI breath test.  For example, Los Angeles DUI Attorney can question validity […]

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How Can I win a DMV hearing after a DUI in Los Angeles

October 5, 2011

A very common way to undermine a DMV case is to attack admissibility of a breath result based on failure to comply with foundational requirement (People v. Adams 59 Cal App 3d 559). Eventhough Adams lost the appeal and his license was suspended or revoked after the court of appeals upheld the lower court decision, the court of appeals reiterated foundational requirements that (1) the particular apparatus utilized was in proper working order, (2) the test used was properly administered, and (3) the operator was competent and qualified. If there is no compliance with Adams foundational requirements (such as – the observational period is less then 15 minutes) or the operator is not qualified to operate this particular machine, the […]

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Vehicle Code 23612 (i): Refusing a PAS Test

April 10, 2011

Vehicle Code 23612 (i) If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test,as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the […]

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