If you've been arrested for a DUI, it's possible that your blood alcohol concentration (BAC) was greater than the legal limit of 0.08 percent. Law Office of Michael L. Fell, an experienced DUI attorney in California, is here to remind you that just because you "failed" a BAC test doesn't mean you're out of choices. Continue reading to find out how this is tested and how to combat the results. Then give us a call at (949) 585-9055 to for a free legal consultation.
Testing for BAC
To assess if they are dealing with someone who is inebriated, law enforcement might utilize a variety of tests. BAC, on the other hand, is determined by analyzing a person's breath or blood using accredited testing equipment. Although you have the legal right to decline one of these tests, the DMV will immediately suspend your license because every motorist consents to these tests just by driving. As a result, we recommend that you take the exam when requested.
The BAC breathalyzer test
The breathalyzer is by far the most prevalent test. This test is used to assess the amount of alcohol in a person's breath. Alcohol particles are expelled as blood passes through a person's lungs while breathing. The breathalyzer identifies these particles and calculates the amount of alcohol on a person's breath.
This appears to be a wonderful idea in principle, but it has a lot of flaws. To begin with, this ignores a person's weight, height, metabolism, or bodily chemistry. A person who is 5'1" and weighs 100 pounds, for example, would be considerably more dangerous to drive with a significantly lower BAC than someone who is 6'10" and weighs 300 pounds.
BAC tests in the blood
A blood test is the other basic approach that is frequently utilized. In most situations, breathalyzers are employed since they are more convenient, however blood tests are also an option depending on a police department's resources. When someone has been harmed in an accident, blood tests are frequently done. Even though a blood test is more accurate than a breathalyzer, errors are sometimes made.
Your criminal defense lawyer can assist you in combating these charges
Even if a blood test or breathalyzer shows a high BAC, the evidence is only as good as how it was handled. Was the breathalyzer machine, for example, correctly calibrated? When obtaining a blood sample, did the police follow all protocols and the legal chain of evidence? Do not assume that all of the evidence stacked against you is reliable.
Instead, call the Law Office of Michael L. Fell for a free legal consultation at (949) 585-9055. We're ready to assist you in locating the best defense for your case.