When a person is charged with a DUI, the government makes their case using all evidence gathered during the arrest. This evidence will include the officer’s report and observations as well as the reading from any blood or breath test taken. These two pieces of evidence will make the bulk…
Articles Posted in Breathalyzer Test
The Law of Implied Consent … Knowing Your Rights And Obligations After Being Arrested For Driving Under The Influence of Alcohol in California
California law requires drivers as a condition of issuing them a license to submit to a chemical test if requested by a police officer when one has been stopped on suspicion of driving under the influence of alcohol or drugs. Drivers have a choice to submit to a breath sample…
Legal Defenses to Refusing a Breath Test During a California Driving Under the Influence Arrest
When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. Whereas…
DUI Breath And Blood Testing… Which is a Better Choice After Being Arrested For a California Drunk Driving Case
This is a very good question. There are two kinds of chemical tests under California state law to determine a driver’s blood alcohol content (BAC) at the time he was stopped on suspicion of driving under the influence of alcohol, drugs, or both. Until recently, there was also a urine…
Can you “fool” the Ignition Interlock Device now Required in Los Angeles County by DMV law?
There are a lot of unanswered questions surrounding the new Ignition Interlock Device now required by law in Los Angeles County for those convicted of a DUI. As with any new law, there remains many loopholes and issues that have not been accounted for. Even as a pilot project, it…
Drinking Smart in Los Angeles… Effective Strategies to Avoid Getting Arrested For Drunk Driving
There is nothing illegal about drinking alcohol. There or is also nothing illegal about drinking alcohol and driving. It is only against the law to drive a motor vehicle with a blood alcohol level (BAC) of .08% or more. The state of California created this law under section 23152 of…
Potential DMV Consequences for Refusing a Chemical Test in a Los Angeles DUI
If you have been charged with a DUI and at the time of your arrest you refused to take a chemical test, then the consequences regarding your license may vary. A DMV hearing must be scheduled within ten days of your arrest. At the DMV hearing, an officer will review…
Elements of asSan Diego DUI Case That Make it Weak or Strong
The officer’s observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California’s case against you. In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable…
Fooling the Breathalyzer Test in a California DUI Arrest
My clients that have been arrested for a DUI often ask me if there are substances that canseffectively “fool” a breathalyzer machine. A Los Angeles DUI and Criminal Defense attorney who has been specializing for over thirty years, knows which of these are myths, and which of these substances have…
Errors in California Breath Test Evidence
When you are pulled over by an officer on the suspicion of Driving Under the Influence, you are not required to take the screening test at the scene. You are, however, required to take a blood or breath test once you are taken to the station.sAs with all types of…