A Blood/Breath Alcohol Test May Not Be Conclusive Evidence at Trial
A Blood/Breath Alcohol Test May Not Be Conclusive Evidence at Trial
A Blood/Breath Alcohol Test May Not Be Conclusive Evidence at Trial 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…
Read MoreWhat is the Preliminary Alcohol Screening Device (PAS) and How Can It Affect an Arrest for DUI – California Vehicle Code 23152
What is the Preliminary Alcohol Screening Device (PAS) and How Can It Affect an Arrest for DUI - California Vehicle Code 23152 Often times when people are charged with DUI in California, the stories of their encounters with law enforcement sound eerily similar. They usually sound something like this: “I was pulled over by the CHP around 1:30am—the cop said I was swerving out of my lane (but I really…
Read MoreRiverside Police Chief Resigns after Suspicion of Driving Under the Influence (DUI)
How An Experienced Southern California DUI Attorney Can Help You – California Vehicle Code 23152 (a) It was recently reported that Riverside Police Chief Russ Leach resigned his post following a late night car accident. Leach hit a fire hydrant and continued to drive on until Riverside police pulled him over a few miles from the accident. At the time, Riverside police did not give Leach any type of field…
Read MoreCalifornia Sobriety Checkpoints Result in Vehicle Seizure
Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments. They are far more likely to seize cars from unlicensed motorists than catch drivers under the influence. According to the Orange County Register, an investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. This…
Read MorePreliminary Alcohol Screening Versus Chemical Test
Preliminary Alcohol Screening Versus Chemical Test It is important to understand that California imposes what is referred to as an “implied consent” law. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of either your: blood; breath; or urine (only in cases where you are suspected of driving under…
Read MoreDefendant Charged With DUI May Challenge Breathalyzer Results
Defendant Charged With DUI May Challenge Breathalyzer Results 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…
Read MoreHeroes Star Adrian Pasdar Refused to Submit to a Breathalyzer Test
Heroes Star Adrian Pasdar Refused to Submit to a Breathalyzer Test According to the New York Daily News, Adrian Pasdar, who plays Nathan Petrelli on the hit show Heroes, was arrested for a DUI on January 27, 2010. Mr. Pasdar was stopped on Interstate-405 in California for going 90 mph at 2:59 a.m. He apparently refused a breathalyzer test, and was taken into custody with the bail set at $15,000.…
Read MoreBreathalyzer Tests Can Be Challenged In California
Breathalyzer Tests Can Be Challenged In California A recent decision in The California Supreme Court has made it easier for individuals accused of DUI to challenge the results of breathalyzers. The California Supreme Court ruled unanimously that defendants can present evidence to show that the results of these devices failed to accurately reflect the amount of alcohol in a person's blood. A person accused of DUI can elect to submit…
Read MoreSupreme Court Demands Lab Techs Testify in DUI Cases
Supreme Court Demands Lab Techs Testify in DUI Cases A new ruling by the United States Supreme Court is expected to impact the prosecution of DUI (Driving Under the Influence) cases in California and across the U.S. The Supreme Court ruled that when crime lab or breathalyzer reports are used to establish that a defendant was under the influence of a high level of alcohol or illegal drugs, the prosecutor…
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