Blood Test for DUI in Los Angeles

New way to avoid a DUI: «temporary tattoo»

August 3, 2016

If you are a driver who consumed alcohol and want to avoid a DUI, you need an effective way to measure your blood alcohol level.  Knowing your own blood alcohol level in a roadside situation is not a problem that can be solved easily.  Some methods involve measuring blood alcohol level by taking a sample of blood, but many people are scared of such an invasive method.  In contrast, measuring your blood alcohol level using a breathalyzer is also not the best way to determine the blood alcohol concentration because the breathalyzers can be very inaccurate.  Other methods, which usually involve analyzing body fluids, are not simple enough to measure BAC (blood alcohol content) in roadside situation.  Recent development in […]

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Legality of Blood Draw in DUI Defense in Los Angeles

February 16, 2016

DUI Blood Test is a hot area of litigation in courts throughout the country.  In Schmerber v. California, a 1966 decision by the Supreme Court, the court decided constitutional legality of a DUI test.  Here, we explain what makes a DUI Blood Test illegal even when you agreed to the blood draw. Here we further provide a guide to the questions to be asked (or not to ask) during a search and seizure hearing to suppress the DUI test results. If you were are arrested for a DUI, the police most likely tried to get a blood or a breath test to see how much alcohol you have in your blood.  The Legal Blood Alcohol Level in California is below .08% […]

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What is Legal Blood Alcohol Level for DUI in California?

January 26, 2016

This article gives an answer to the question What is Legal Blood Alcohol Level for DUI in California?  Click on the links below to go directly to your topic of interest. Legal Blood Alcohol Level for 21 years old or older non-commercial driver in California Legal BAC for Commercial Drivers in California Legal alcohol level for person under 21 years of age Arrest for a DUI with a blood alcohol level less than .08%? Legal Blood Alcohol Level for 21 years old and older non-commercial driver in California In California, the legal blood alcohol level for most drivers is .08% or less of alcohol in blood by weight.  California Vehicle Code section 23152(b) describes the meaning of legal blood alcohol level and also provides […]

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How to drink without exceeding alcohol legal limit in California?

December 3, 2015

A DUI in Los Angeles will typically be prosecuted when a person is above the legal limit.  In California, a permissible alcohol level in blood in equal to 0.08% for adult non-commercial drivers who are not on DUI probation.  Commercial drivers, when operating a commercial vehicle, are permitted to have no more then 0.04% blood alcohol content.  Minors are not allowed to have any alcohol under a zero-tolerance California law.  A violation of zero-tolerance California violation is not a crime, but will have a one year license suspension.  A “minor DUI”, is an infraction level offense that has the legal limit of .05%.  An infraction is not a jailable offense but will also cause a one year license suspension. A […]

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Alcohol Blood Test Consent in DUI Cases

April 15, 2014

California is not unique in having “implied consent law”, which is found in California Vehicle Code section 23612. The “implied consent law” requires drivers to submit to a chemical test upon arrest for Drunk Driving in Los Angeles. Many police agencies in California, including CHP, enforce “implied consent laws” by either threatening drivers with harsher punishment if they refuse to submit to a chemical test or by forcing Alcohol Blood Test (a very common practice in Orange County for instance). Once DUI defense attorney raises a 4th amendment issue, by alleging that the search was warrantless and therefore presumptively illegal, the burden shifts to the prosecution to show an exception to the search warrant requirement. Without a doubt, in most DUI cases […]

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On consent to DUI chemical test in Los Angeles

March 15, 2014

This is a little technical post but very helpful in some Los Angles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell a driver that he has to submit to DUI chemical test of his blood test or breath test.  In other words, they are asking the driver to consent to search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and need to be litigated. Why? Because not all consents are valid! US Supreme Court […]

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Relationship between amount of alcohol in blood and breath for DUI investigation purposes.

June 27, 2013

According to the science that the government uses to prosecute DUI cases in Los Angeles, all man are created equal.  That is, everybody, regardless of age, body structure or sex has the same ratio of alcohol in the blood to breath.  In scientific literature this ratio is called the “partition ratio” and in the United States it is universally accepted by law enforcement crime labs as 1:2100.  That is: all people have the same ratio!  This conclusions is ridiculous and is based on some questionable scientific articles.  One such questionable scientific article is a study by Dena Jaffe conducted in Israel with a conclusion that blood alcohol and breath alcohol results are highly correlated – having a correlation ratio (r) […]

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Can Prosecutor File Two Separate Criminal Cases Against Same Person?

April 27, 2013

Often a situation arises when a driver is pulled over and is cited or arrested for a crime.  Later, law enforcement realizes that that driver was guilty of another crime.  At that point, the law enforcement will attempt to make sure that all crimes driver (defendant) is guilty of are on the same complaint.  Sometimes, by the time the prosecution realizes that defendant is guilty of additional crimes, he or she already plead guilty to that first charged crime.  In an event like that, the prosecution should be prohibited because of a due process violation.  The Supreme Court in People v. Kellett ruled just the same barring prosecution for a “felon in possession of a gun” after Elmer Kellett plead […]

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DUI Defense: Forced Blood Draws in California DUI Cases

April 19, 2013

FAMOUS DUI CASE ” PEOPLE V. FISCALINI” ON FORCED BLOOD DRAWS To defend a DUI case in Los Angeles, a DUI defense attorney will often use a “search and seizure” motion to get a dismissal.  A Judge can dismiss a case if the DUI police does something improper, such as pull over a person suspected of a DUI without a reason or take blood to analyze for alcohol without permission.  Because sometimes blood tests done by police in DUI cases are illegal, dismissing your DUI can can be possible.  Here we discuss 1 case that is based on consesual blood draw and was used to prosecuted a DUI case in Southern California. A famous case of forced blood draw is a […]

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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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