southern california dui defense

In a recent ruling, the California Supreme Court found that those individuals charged with driving under the influence could challenge blood-alcohol findings based on the possible inaccuracies of Breathalyzer results. This ruling by the Supreme Court may potentially diminish the prosecution’s case against those charged with driving under the influence.

California Vehicle Code Section 23152 (b) states “it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a Breathalyzer test.

The California Supreme Court held that the formula for converting breath to blood-alcohol levels might, in some cases be inaccurate. The court considered various factors that could be raised to challenge the results of a Breathalyzer test in defending a charge of driving under the influence.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive and experienced criminal defense attorney. Hiring an experienced Southern California DUI criminal defense attorney can greatly increase your chances of keeping your freedom, and ensuring you get the best possible result in your case. With over 30 years of experience, our attorneys will examine your case and fight for you. Call us at 888-764-2615 or go to our website at www.wklaw.com for more information. We will be there when you call.

In our three-part series discussing how you do not have to be drunk to be arrested for DUI, we begin by stating that in a sense, the phrase “drunk driving” is a misnomer. You do not have to be “drunk” to be deemed “under the influence” or “impaired” for purposes of a DUI arrest, prosecution and conviction.

The relevant inquiry is whether your ability to drive was “impaired” such that you were not as cautious or alert as a non-drinking person would have been in similar circumstances. Proving and disproving this requires a thorough analysis of the facts and circumstances surrounding the stop of your vehicle and subsequent DUI investigation.

If you or someone you love has been accused of a driving under the influence in California, it is important to promptly contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-764-2615 or www.wklawdui.com for a consultation of your case. We can help you.

Read part 2 on this topic in the next blog posting.