Blood Alcohol Testing

Blood alcohol tests are administered to individuals who are suspected of driving under the influence. Determining an individual’s blood alcohol concentration (BAC) helps law enforcement to determine how much alcohol is currently in the individual’s system, and subsequently, whether a DUI arrest should be made. Under California Vehicle Code Section 23152(b), a person is considered intoxicated by legal standards if his or her blood alcohol concentration is 0.08% or higher.

It is important to remember that the blood alcohol test is supposed to determine the blood alcohol concentration of the individual during the time that the motorist was operating his or her vehicle. In some cases, there can be a significant difference between an individual’s blood alcohol concentration at the time that they were pulled over and at the time the test was administered.

Blood alcohol tests play a crucial role in all DUI cases. In many instances, it is the person’s BAC that leads law enforcement to make an arrest in the first place. A person’s blood alcohol concentration also plays an important role in the Administrative Per Se DMV hearing held to contest the terms of an individual’s license suspension. Because blood alcohol testing results are so vital to both the criminal and DMV court proceedings, it is imperative to ensure that the results were properly collected, that the conditions in which the BAC test was administered were appropriate, and that the individual who administered the test was certified to do so.

Even the slightest error in BAC testing may lead to life-altering legal consequences for an individual arrested for DUI. By hiring one of our attorneys’, we will be able to investigate the results of an individual’s BAC test, question the people who administered the tests, request for a blood re-test, and find any hidden errors which may have negatively influenced test results.

The Criminal Case*

The Criminal Case

According to California law, a person can be arrested for committing a DUI criminal offense for two separate violations of the California Vehicle Code. The California Vehicle Code stipulates that a motorist is considered under the influence if “as a result of drinking or consuming an alcoholic beverage and/or taking a drug” his or her “physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person or ordinary prudence, under similar circumstances.”

The second violation a motorist can be arrested for is California Vehicle Code Section 23152(b), which asserts that it is unlawful for an individual to drive with a blood alcohol content (BAC) at 0.08% or higher.

Driving Under the Influence Arrest

In order for a California police officer to pull you over for a possible DUI, he must have probable cause to suspect you are driving under the influence. The officer may observe irregular driving patterns, such as unnecessary weaving and lane straddling or you may be stopped at a sobriety check point where the officer may observe physical signs of intoxication, such as the smell of alcohol. During a traffic stop, the law enforcement officer may request that the individual participate in a variety of field sobriety tests or consent to a blood alcohol test. If the driver fails the field sobriety tests or has a BAC of 0.08% or higher, he or she will be arrested for driving under the influence.

Obtaining a Lawyer

Once a person has been arrested for DUI, the next step he or she should take should be to retain the legal services of a reputable DUI defense attorney. Our attorneys will work to ensure that your individual’s rights are protected and we will be available to provide representation throughout both the criminal DUI case and at the California DMV hearing process.

Arraignment

An arraignment is the initial appearance of the offender before the court. During the arraignment, the offender will required to enter a plea of “guilty,” “not guilty,” or “no contest” to his or her DUI charges. At this time, bail arrangements will also be made.

Criminal Trial

After the arraignment, the case will progress to trial. During the criminal trial, the prosecution and defense will present their evidence and question witnesses. During this portion of the trial, the defense attorney is able to challenge evidence presented during trial and cross examine witnesses put on the stand by the prosecution. After the trial, the judge will decide whether the offender is “guilty” or “not guilty.” If the person is found innocent, the case process is considered final. However, if the individual is found guilty, the individual will continue to the sentencing process conducted by the judge.
Sentencing

DUI sentencing can include a variety of harsh penalties such as imprisonment, monetary fines, suspension or revocation of an individual’s California driver license, community service, DUI School, and probation. Our attorneys’ have represented hundreds of individuals charged with DUI. Our lawyers are highly qualified and extremely knowledgeable in the area of DUI law, helping to provide you the best possible outcome in your criminal trial.

Contact Us

Contact Devermont & Devermont and we will provide you with the information you need to understand your California DUI arrest. We will provide a complimentary evaluation and what you need to know to resolve your California DUI case.

429 Santa Monica Blvd. #210
Santa Monica, CA 90401
Tel. (310) 393-0308


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