If after reading this information, you still have any unanswered questions, or feel that you could use our representation, we encourage you to contact our office so that we can schedule your FREE consultation. The breath tests administered in California have been scrutinized for their unreliability for a long time. Most agencies administer the test using the Intoxilyzer EN unit to receive a breath sample. This occurs because the breath test device does not measure the alcohol in your blood system, it only measures how much alcohol is present in your mouth at the time the test is administered.
Based on that reading, it then utilizes a specific scientific formula to calculate that presence in accordance to what would be present in your blood system. Since this test does not directly measure your BAC, the results it produces are susceptible to various amount of variables that can produce erroneously high blood alcohol readings.
The presence of these factors may be discussed during your initial consultation. GERD is an acronym for Gastroesphangeal Reflux Disease, a disease along with acid reflux and heartburn, which can produce an inaccurate blood alcohol test result.
Any of these medical conditions cause a flow of acid from the stomach to the mouth and can be read as the deep lung air that the blood test instruments are designed to detect. Diets that are low in carbohydrates, or are high in protein, like the Atkins diet are known to produce isopropyl alcohol within the body. This can also occur due to specific medical conditions, like diabetes and hypoglycemia. When a body is deprived of carbohydrates, the body then uses stored fat for energy.
During this process the body produces chemicals known as ketones.
8 Reasons Prosecutors May Reduce or Dismiss DUI Drug Charges
When these ketones are broken down and disposed of by the body through the breath or urine, the ketones are turned into isopropyl alcohol. The instruments used in California do not contain the technology enabling them to distinguish between the isopropyl alcohol and the ethyl alcohol that is usually associated with determining if a person has been drinking. The inability to distinguish between these two kinds of alcohols, produced either by diets or medical conditions, can often lead a breath test instrument in producing an inaccurate breath test result.
This situation is usually defined as rising blood alcohol.
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Usually, it takes the body 50 minutes to 3 hours to absorb alcohol into the body. This can occur after a person is stopped on a suspicion of DUI shortly after having a drink and the alcohol not being completely absorbed into the body. In these circumstances, a person may have been arrested for an inaccurate blood alcohol result.
The prosecution usually assumes that every defendant was beyond the highest level of absorption when the test was administered to the defendant. Some examples are blood fermentation, blood samples were stored improperly, and the sample was contaminated.
What to do for Ways to Get Out of a 1st DUI/DWI Case in CA
Your DUI defense attorney will examine the circumstances surrounding the collection, documenting, and storage of the blood sample taken from you. Sometimes, we insist that a third party test your blood sample. We will devote ourselves to exclude, or suppress any inaccurate blood test results from evidence. California has long established regulations that dictate how DUI chemical test should be collected, stored, and analyzed.
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Failing to adhere to these regulations can compromise the test results, and make the evidence inadmissible. This can happen if a trained technician or phlebotomist did not take the blood test. If this occurred, then we can exclude the blood test results with a motion to suppress. Other common violation can occur if the instruments used to obtain the sample is stored or maintained improperly. However, if there is any evidence that could suggest that one person was likely the driver, such as the way the seat is adjusted, or the fact that one of the parties is the registered owners of the vehicle, the officer may have enough probable cause depending on the totality of the circumstances.
This may not be available to taxi, limo or ride share drivers since there would only be one person authorized to drive the vehicle. If a ride-sharing driver is involved and his or her app was on, this may point to the vehicle owner as the only person who could have been driving. Under California law, the officer must have observed the vehicle to have moved before having the authority to stop, question and then arrest you for DUI.
Your vehicle need only move a few inches , even if the engine was not engaged, and the prosecutor can show that you had physical control 2. However, if you are found asleep in your car miles away from any town or happened to pass out in the middle of an intersection, then the officer can reasonably surmise that you drove to that location. If your engine is running, the officer can assume you had just driven or were about to drive. Other indirect or circumstantial evidence of your having driven include:. An adjunct to this is a scenario where you had been in an accident but left the vehicle and the scene and returned home or went to a nearby bar or restaurant where police found you.
Unless you admit that you had not ingested any drugs or alcohol during the interim between the time you left the vehicle and your being questioned by police, you could just have likely become impaired after you left the scene. You can still be charged and convicted if the prosecution offers sufficient evidence other than any quantity of any particular drug s in your system that shows beyond a reasonable doubt that you were driving while under its influence. If you were lawfully stopped by an officer for speeding or some other traffic violation, the officer may inquire further as to whether drugs are involved so long as he or she has a reasonable suspicion that you are under the influence.
Classic symptoms of impairment are slurred speech; watery, bloodshot eyes; fumbling with documents; and an inability to understand simple directions or questions.
Can The Police Stop You Randomly?
It may be different for drivers under the influence of a drug since different drugs produce different symptoms. If DUI marijuana is suspected , for example, your coordination is usually not affected. Few people who smoked or ingested marijuana exhibit slurred speech or have watery, bloodshot eyes, though they may appear glassy. If the officer testifies to this, a defense expert can counter with studies that refute such conclusions in the majority of subjects.
In traffic stops where the officer has observed symptoms of drinking or of ingestion of a drug, the officer may request that you take a series of field sobriety tests that test your coordination and balance. These may include:. You are under no obligation to take any of these tests and will not be penalized at all if you refuse.
However, the majority of defendants are either too fearful of appearing uncooperative, or are unaware that they can refuse to take the tests, and commit to taking them. This includes blowing into a PBT, or preliminary breath test , which only detects the presence of alcohol in your blood.
1. A Breathalyzer (PAS Test) is NOT accurate.
This disconnect can potentially compromise your legal defense in court as the DMV hearing can provide an opportunity for your DUI lawyer to obtain police reports and evidence before your initial court hearing and most importantly, an opportunity to subpoena and cross-examine police officers and witnesses outside of the presence of prosecutors.
Almost every DUI attorney in Southern California offers free consultations allowing you the chance to discuss your case with multiple lawyers at no cost and obligation. Alternatively, if you hire an attorney, but later wish to substitute him or her out with a different attorney, you can do so very easily. This is not the case with a public defender. In addition, public defenders, like prosecutors, are frequently transferred to different courts. Therefore, while you may be satisfied with the public defender initially appointed to defend you, there will uncertainty as to whether he or she will be there in the end.
Lastly, it is very difficult to request a different public defender as a reassignment to a different public defender would have to be ruled on by the judge. This would not be the case if you were represented by a public defender. Although your non-appearance in court will not offer any strategic advantage in the defense of your case, it is a convenience many of our clients appreciate as a diligent and thorough DUI pretrial period could involve multiple court appearances over the span of several months.
We have specialized in defending drunk driving charges in California since