Even if the stop is lawful, you should challenge the accuracy of the blood/ breath test results of equipment used to measure you blood alcohol content.

The first thing an experienced DUI lawyer should do is demand the periodic determination of accuracy documents that all law enforcement agencies and crime labs are required to maintain to prove that their blood/breath /urine test instruments were working in conformance with Title 17 of the California Code of Regulations.

Before you decide to plead guilty, you may want the prosecution to produce the blood/breath /urine test equipment calibration records to make sure the equipment was properly calibrated and working properly when your test was administered.  We use the best breath alcohol analysists in the business who can review the calibration records for errors  because if the prosecution’s equipment was not working properly, you may have leverage to obtain a plea bargain, raise a reasonable doubt at trial, or in some rare cases, obtain a dismissal.

Why does it matter whether  the blood/breath /urine test equipment was not in proper working order when I was arrested and my sample was taken?

It is the law in California that when a jury evaluates any test results pertaining to your case, the jury may consider whether or not the person  administering the test or the agency maintaining the testing device followed the regulations of the California Department of Health Services.  If you find out if the blood/breath /urine test equipment was not working properly, you may be able to get a good deal at plea bargaining, raise a reasonable doubt at trial, or in some rare cases, get you case dismissed.

What about Driving Under the Influence of Drugs?

In cases where the motorist is charged with driving under the influence of drugs, the mere presence of drugs in the blood is not enough for a conviction for driving while under the influence of drugs.  In fact, the prosecution has the burden of proof beyond a reasonable doubt that the drugs in the driver’s blood are a substance or combination of substances other than alcohol that can impair driving to an “appreciable degree”.  The bottom line is that the prosecution must first prove beyond a reasonable doubt that driver had drugs in the driver’s blood, and the prosecution must also prove that the driver‘s ability to operate the car was in fact impaired by an appreciable degree by the drugs in the blood.

In cases where the driver is charged with driving while under the influence of drugs, it is critical to retain a forensic drug and alcohol analyst who can review the prosecution’s lab reports and the arrest and intoxication reports and offer expert testimony at trial or the DMV hearing.  In most cases, the expert’s opinion testimony can raise a reasonable doubt at trial through testimony that that the driver was not under the influence of drugs at the time of driving because the mere presence of drugs does not mean that the driver was impaired to such an appreciable degree that the driving was impaired.

“My Alcohol Level Could Not Possibly Be That High.”

Also, in Drug Driving cases, or in cases where there is a dispute about the level of alcohol impairment, you have the right to have your blood or urine sample retested by one of our independent labs to have the blood or urine sample re-tested at your expense.  The retesting of the sample can be critical because the analyst can test the blood for alcohol or drug content, they can test for preservative to make sure the blood in the tube is not fermenting which can raise the alcohol lever, or to make sure that the blood sample is the same blood type as the drivers to make sure the lab did not switch test tubes.

2017-09-20T20:00:37+00:00