A Blood/Breath Alcohol Test May Not Be Conclusive Evidence at Trial
April 12, 2010

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 (877) 4-NO-JAIL or (877) 466-5245 today. We will get through this together.

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