Free DUI Lawyer In California

Reader’s Question:

I know some people who have been arrested for DUI here in Alameda, California and some of them claim that they are innocent. How would a police officer claim that a driver is under the influence?

Hope

Alameda, CA

In a DUI investigation in Alameda, California, the police officer usually claims that the DUI suspect “performed poorly” or “failed” the field sobriety tests and the handheld breath test indicates that the driver’s blood alcohol level was above the legal limit. Based on this, the officer would “form an opinion” that the driver is under the influence or the driver’s ability to drive a motor vehicle safely is impaired. After this, the officer would arrest the driver and take him/her to the police station (or hospital) for a chemical test.

The driver suspected for DUI would choose between a breath test and a blood test. The state of California has an “Implied Consent Law” that says that a person who is arrested lawfully for DUI should submit to one of these tests. A refusal could subject the DUI suspect to stiffer court penalties and possibly a one-year (or longer) driver’s license suspension. If the driver chooses a blood test, the blood sample would be forwarded to a crime lab for analysis. If he/she chooses a breath test, the officer would see the blood alcohol content reading immediately after the driver blows twice into the breath test machine. The officer sometimes tells the DUI suspect of the result, sometimes not.

Reader’s Question:

Hi. My nephew was charged with DUI in California. I heard about this rising BAC defense. His lawyer advised him about this kind of defense. What does a rising BAC defense mean?

Sara

Salinas, CA

In California, it is against the law to have a high blood alcohol concentration while driving and not at the time the chemical test is administered. Many scientific studies show that it can take anywhere between 30 minutes to 3 hours for the alcohol to be absorbed into our system. That is why there is a possibility that a driver’s BAC could continue to rise after he was stopped and arrested.

There is approximately one hour between the time the driver is arrested and when a chemical test (urine, blood or breath) is administered. For example, the test result perhaps showed a .10% BAC. If the alcohol was still being absorbed into the driver’s system since the arrest, this could mean he only had a .07% blood alcohol concentration while he was driving. Although the test result showed an illegal BAC, the driver’s true BAC while driving was still legal.

Reader’s Question:

My boyfriend was recently charged with DUI here in Pasadena California. They say that breathalyzer does not give an accurate readings all the time. If I will be pulled over for a DUI suspicion, do I have a choice in the matter of taking a chemical test?

Angelina

Pasadena, CA

In the state of California, the two most commonly administered chemical tests are blood and breath tests. Although that accuracy of the breath test is being challenged by many scientists because of may determinant factors. If breath and blood samples are unavailable, or if the arresting officer is suspicious of drug use, a urine test can be taken. A significant fact that many officers fail to inform the suspect is the option to have a blood test taken after the breath test. The reason for this is that the breath test sample will not be available for the defense later on.

Among these three chemical tests, blood samples are typically the most precise. The technology used for breath tests are notorious for errors and flaws that cause unreliable test results. The least trustworthy of the three is urinalysis.

When you come up with your fee agreement with your San Francisco California DWI lawyer, there will usually be a section in there which concerns what your responsibilities concerning the case are. In this area, you will usually find that you are responsible for providing any information you receive about the case, as well as what you know about the events and how they happened, and any evidence you know. The evidence is key, because certain kinds of evidence can have a big impact on your chances. Here are the kinds of evidence you should consider.

First of all, remember that you have the right to remain silent, so whenever you are pulled over pretty much the only information you have to give is your license, registration, and insurance–and this applies to any case, not just drunk driving. However, if the officer asked you how many beers you had drunk, and you replied with something more than “just one”, then you’re lawyer will have a tough time.

For those who choose not to make this revelation, there may be other ways of guessing you are drunk. For example, your driving can indicate that you aren’t in your right mind, as can your appearance and your voice. They will subject you to a couple of tests, like walking in a line, and in some cases they will give you a blood test when they arrive with you at the station.