Blood Breath Alcohol Testing

When a police officer suspects someone of driving a vehicle under the influence of alcohol the police officer will try to determine how much or intoxicated the driver is.  To do this there are a variety of tests the police may subject you to.  These tests include:

1.    Field Sobriety Test
2.    Preliminary Alcohol Screening Test (breathalyzer)
3.    Chemical Evidentiary Breath Test (breathalyzer)
4.    Chemical Evidentiary Blood Test
5.    Chemical Evidentiary Urine Test

It is important to know what these tests are and what tests are voluntary and which ones are mandatory.  The field sobriety test is a voluntary test.  The test involves the driver performing tests related to balance, time, and hand/eye coordination.  The preliminary alcohol screening test is also voluntary.  This involves breathing into a breathalyzer and the breathalyzer will display a number to the investigating officer which shows your blood alcohol content.  The chemical evidentiary blood and breath test are both mandatory tests. A urine test is only given after a blood and breath test are unavailable.  Any Los Angeles DUI attorney will recommend a driver performing those voluntary tests as it will not help your situation, since a poor performance on those tests will be used against you in a court of law.

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich.  Wallin & Klarich will help protect your rights and find the best defense strategy for your case.  For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving.  Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

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If you were pulled over for driving under the influence and law enforcement failed to obtain a chemical sample of your blood, breath or urine, it may be alleged that you violated California’s Implied Consent Law. The Implied Consent Law requires you to provide a chemical sample of your blood, breath, or urine following a valid police stop and arrest. The police stop is valid if the officer had reasonable cause to believe you were driving a motor vehicle under the influence of alcohol and/or drugs. This is why it is important to have a DUI attorney in Southern California advising you after such an event occurs.

The specific facts and circumstances surrounding your DUI stop and arrest determines whether you provided law enforcement a chemical sample or if you refused to do so. Did the officer read to you proper admonishment describing your legal duty under the law? Did the officer create confusion surrounding which alcohol test was voluntary and which was required by law? If so, you may have a valid DUI defense to an allegation that you refused to submit to a chemical test of your blood, breath or urine. If it is determined in court that you refused to submit to the required blood or DUI breath test, this can lead to a required sentence in jail as well as a much longer suspension of your driving privilege. It is for these reasons that it is critical you seek the advice of an experienced DUI defense law firm if you are accused of a “refusal”.

The aggressive Southern California criminal defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com and www.wklawdui.com for more information.

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To establish a violation of California Vehicle Code Section 23152(b) – DUI, also known as drunk driving – it must be proven that your blood or breath alcohol level was .08 or greater AT THE TIME OF DRIVING. Police officers are unable to test your blood alcohol content precisely at the time you were driving, particularly when an accident has occurred. Therefore, the law states that as long as the chemical test samples of your blood or breath are obtained within three hours of your driving, the result obtained relates back to your alcohol level “at the time of driving.”

However, if the chemical test sample of your blood/breath alcohol level was not obtained within three hours, the government cannot rely on the sample in court or at your California DMV hearing regarding the suspension of your driving privilege. It is important to note that while a chemical test may have accurately determined blood/breath alcohol content (BAC) at the time of testing, it is not conclusive evidence of blood/breath alcohol content at the time of driving.

The aggressive Southern California DUI defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com and www.wklawdui.com for more information. We will be there when you call.

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