Breath and Blood Tests in California
Orange County DUI Attorney
Need a lawyer for a DUI case in Orange County? Following an arrest, almost every person that is accused of driving under the influence will be required to adhere to a breath or blood test. These tests are some of the most commonly used intoxication level tests and may be used as strong evidence in a DUI trial to convict you of driving under the influence.
If you or a loved one were arrested and abided by a breath or blood test, it is highly important that you contact an Orange County DUI attorney right away and retain trusted legal counsel. At the Law Office of Frances Prizzia, our team stands ready to provide you with outstanding representation and ensure that you receive the best possible outcome for your criminal case.
Challenging the Results of a Breath or Blood Test
Blood Tests –A blood test is used to determine the amount of saturated alcohol in your blood and can also determine the amount of illegal or
controlled substances that you may have in your system. In order for these tests to be conducted, a registered nurse practitioner, phlebotomist or doctor must draw a blood sample from you at a medical facility. These tests do have potential to be more accurate than a breath test, but tampering, improper blood draw or storage may produce false or inaccurate results. If it is determined the blood was drawn too late after the initial arrest or if any evidence tampering took place, you may have a strong defense against your DUI charges.
Breath Tests – These tests are some of the most commonly used forms of blood alcohol testing. While they cannot determine controlled substances, they are said to be almost ninety percent accurate on determine the amount of saturated alcohol in a person's blood. After a
field sobriety test is conducted and you are placed into police custody, the arresting officer may ask you to blow into a Breathalyzer. These machines determine the blood alcohol content you may have based on the air that is blown into the device. The air from the alveoli region of your lungs (deep lung air) is refracted off infrared inside the machine and a determination of your blood alcohol content can be taken. In California, if your blood alcohol content is over .08% and you are 21 or over, you may be charged with a DUI.
Implied Consent Law in California
Not many California residents are aware that when they receive a California-issued driver's license that they are acknowledging that are aware and will abide by the state's implied consent law. This law requires that all people, whether sober or not, that are asked to take a breath or blood test must abide to take the test or risk losing their license. The only exceptions to this law are those who have a pre-existing heart condition, are taking anticoagulants or have hemophilia.
Warning: A refusal to take this test will result in an immediate license suspension for up to two years and be forced to pay a fine of at least $125.
Working with Law Office of Frances Prizzia
Are you facing a DUI charge in Irvine? Now is the time to contact Law Office of Frances Prizzia and retain the representation that you deserve! At our firm, we understand that you may be facing a difficult time and determining the outcome of your case should be handled by a dedicated DUI lawyer. Our firm stands ready to assist our clients in obtaining the best available resolution to your charges. With the guidance of an Orange County DUI from Law Office of Frances Prizzia, you may be able to have your charges reduced or dropped based on the evidence gathered from a faulty breath or blood test.
Contact our firm to speak with an Orange County DUI lawyer
and schedule a case evaluation!