Under California law, the legal limit of alcohol in the blood stream, known as blood alcohol concentration (BAC), is .08 percent. Police officers often conduct field sobriety tests to determine if there is cause to make an arrest. There are, however, only three scientific tests to determine BAC: breath, urine and blood. All drivers who are hesitant to take one of these blood alcohol limit tests should remember the California is a “presumed consent” state, which means that it is a violation to refuse to take a BAC test.
The breath tests conducted in the field are not as accurate as the ones performed at a station. Also, there are a number of circumstances that can affect a test such as mouthwash or items in the driver’s mouth such as gum or food. It is important for the sake of accuracy that the device that is used to measure blood alcohol level is properly maintained and calibrated.
There are mistakes that can be made at the station as well. If the BAC test is a blood or urine test, the sample will be sent off to a lab. Samples can be mislabeled, contaminated, taken with items that are not sterilized or stored at improper temperatures. The results of the BAC test will determine whether or not the driver will face charges. The severity of the charges will also depend on the blood alcohol level. If you have been for driving under the influence, please remember that you do have legal rights. Anyone facing DUI charges in Los Angeles would be well advised to seek legal guidance to determine if their rights have been violated in any way.
The skilled Orange County DUI defense attorneys at Sitkoff & Hanrahan help protect the rights of Southern California drivers. If you have been charged with driving under the influence, please do not automatically plead guilty. DUI laws are complex and it takes an experienced and knowledgeable criminal defense lawyer to understand the nuances and help you obtain the best possible outcome. Call us today at 866-430-8383 to discuss your case at absolutely no cost.