Blood Test for DUI in Los Angeles

Measure Your BAC: Temporary Tattoo

August 3, 2016

Nobody wants to be arrested for a DUI.  If consumed alcohol but need to drive without being arrested for a DUI, you can measure your blood alcohol level, not drive, and avoid a DUI in Los Angles.  Knowing your blood alcohol level in a roadside situation is not easy.  Blood alcohol levels can be measured by analyzing blood, but many people are scared of such an invasive method.  Measuring 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.  Analyzing body fluids, are also not simple enough to measure BAC (blood alcohol content) in roadside situations.  However, a recent device built by the University of […]

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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 the constitutional legality of a DUI test.   What makes a DUI Blood Test illegal even when you agree to the blood draw? We provide a guide to the hearing that can be held to suppress the DUI blood test results and to get a dismissal of your DUI case. If you were 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% BAC.  Thus, a person […]

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What is Legal Blood Alcohol Level for DUI in California?

January 26, 2016

This article answers the question What is the 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 persons under 21 years of age Arrest for a DUI with a blood alcohol level under .08%? Legal Blood Alcohol Level for 21 years old and older non-commercial drivers 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 some […]

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How to drink without exceeding the 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 is 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 than 0.04% blood alcohol content.  Minors are not allowed to have any alcohol while driving under a zero-tolerance California law found in CVC 23136.  A violation of zero-tolerance California violation is not a crime but it will result in a one-year driver’s license suspension.  A “minor DUI”, found in CVC 23140 is an infraction-level offense with a blood alcohol level of .05 or lower BAC.  An infraction is […]

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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 in Los Angeles.

June 27, 2013

A true measure of alcohol in a person’s body is done by analyzing the blood.  However, most Los Angeles DUI cases do not involve blood analysis.  Insead, most persons arrested for DUI in Los Angeles provide a breath sample.  To convert breath sample to a blood alcohol level, a machine (such as EC/IR, or a DamaMaster DMT) will determine number of alcohol particles in a person’s breath sample and multiply it by 2100.  Thus, it is assumed that 2100 cubic centimeters of breath will contain the same amount of alcohol as 1 cubic centimer of blood.  This is based on legal assumption that all person have the same conversion ration between breath and blood concentration of alcohol regardless of age, […]

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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

CALIFORNA DUI: PEOPLE V. FISCALINI FORCED BLOOD DRAW CASE 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 do 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 be possible.  Here we discuss 1 case that is based on a consensual blood draw and was used to prosecute a DUI in California. A very important court case is the forced blood draw case of […]

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Los Angeles DUI: below .08% BAC

February 12, 2012

Usually, a person whose blood alcohol level chemical test results are below .08% alcohol by weight will not be prosecuted for a DUI in Los Angeles.  This is different in Orange County, where many drivers are prosecuted for a DUI even if their results are below .08% BAC.  It is of course, more likely that the under .08% BAC cases will be prosecuted as a DUI in Los Angeles when law enforcement has evidence of bad driving, accident, or impairment regardless of BAC results.  For example, the prosecution for a VC 23152(a), a generic DUI, does not require any specific level of alcohol and can be used for prosecution of refusal DUI cases in Los Angles, low BAC DUI cases […]

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