If you have been arrested for a DUI, it might be because your BAC was determined to be higher than the legal limit of 0.08%. As an experienced DUI attorney in California, Law Office of Michael L. Fell is here to tell you that just because you “failed” a BAC test does not mean that you have no options left. Keep reading to learn how this is tested and how you can fight the results. Then contact us at (949) 585-9055 for a free legal consultation.
Law enforcement has several tests they can use to determine if they are dealing with someone who is intoxicated. However, BAC is tested through a person’s breath or blood using certified testing equipment. You can legally refuse to take one of these tests, but your license will automatically be suspended by the DMV because every driver consents to these tests simply by driving. For this reason, we suggest that you do take the test when prompted.
The Breathalyzer Test for BAC
The most common test by far is the breathalyzer. This test is meant to determine how much alcohol is present in a person’s breath. As blood goes through a person’s lungs when they breathe, particles of alcohol are exhaled. The breathalyzer detects these particles and then determines how much alcohol is on a person’s breath.
This sounds good in theory, but there are actually a number of issues. First, this does not take into account a person’s weight, height, metabolism, or body chemistry. For example, a person who is 5’1” and weighs 100 pounds would likely be unsafe to drive on a much lower BAC compared to a person that is 6’10” and weighs 300 pounds.
Blood Tests for BAC
The other main method that is often used is a blood test. In most cases, breathalyzers are used because they are easier, but blood tests are also a possibility depending on the resources of a particular police department. Blood tests are most often used when someone was injured in an accident. While a blood test is more accurate than a breathalyzer, there are still plenty of mistakes made.
Your Criminal Defense Attorney Can Help You Fight these Charges
Even if your BAC appears high in a blood test or breathalyzer, that evidence is only as good as it has been handled. For example, was the breathalyzer machine properly calibrated? Did the police follow all protocols and legal chain of evidence when securing a blood sample? Do not assume that all the evidence against you is valid evidence.
Instead, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We are standing by to help you find the right defense for your particular case.