Orange County DUI Arrest Attorneys

Blood alcohol concentration (BAC) is measured in terms of the weight of alcohol in the body per unit of blood volume. If a person's BAC is 0.10 percent, for instance, it means that one-tenth of one percent of the fluid in that person's bloodstream at that moment is pure alcohol. Put another way, it means that 10 of every 10,000 parts of the driver's bloodstream is alcohol. In every U.S. state, including California, the legal limit for BAC is 0.08 percent for most drivers. Commercial drivers and drivers under age 21 face lower legal BAC limits.

BAC in California can be tested using three methods: a breath test, a blood test, or a urine test. California law limits urine tests only to cases where neither a breath test nor a blood test can be done, or when the person being tested has hemophilia or takes blood-thinning medications. California is a "presumed consent" state, meaning that by accepting a California driver's license, a driver has automatically consented to take a BAC test whenever a law enforcement officer expects one. A driver who refuses the test may have his driver's license suspended for one to three years with no eligibility for a restricted license.

Breath tests for BAC, also known as "Breathalyzer" tests after one of the machines commonly used for the test, can be given by the roadside after an officer has stopped a driver on suspicion of DUI and/or at the station after a driver has been arrested for suspicion of DUI. In order to get an accurate reading, the breath test must measure air from the very bottom of the lungs, and it must not be confused by anything the person has put in his mouth - like mouthwash, food, or gum - before taking the test. Since preliminary alcohol screening devices or "PAS" devices are not as precise, they are only used to help the officer decide whether or not to arrest a driver. Furthermore, drivers have the option to refuse a roadside "PAS" device unless they are under arrest or are on probation for a prior DUI. Preliminary breath tests may be supplemented with blood tests or an additional breath test on a stationary, more accurate device after the driver is in police custody. Presumed consent applies to in-custody BAC tests. Therefore, refusal to comply with testing will result in harsher penalties, as well as a mandatory drivers license suspension with no restricted driving eligibility.

A blood test for BAC relies on a blood sample taken from the driver. In most states, the person doing the blood draw must be qualified to perform this basic medical procedure, and the blood must be sent to a state or regional lab for testing. It's not surprising, then, that many things can cause an inaccurate blood test reading. A few possible obstacles include delay, contamination due to improper sterilization of the needle or collection tube, or letting the blood sit for too long or in a too-hot or too-cold environment before testing.

Even though the legal BAC limit is 0.08 percent, alcohol in the bloodstream can begin to impair brain functioning at any level, depending on a person's weight, body composition, and alcohol tolerance. For instance, a driver who weighs 110 pounds and has never drunk alcohol before may be too intoxicated to drive after just one drink, even if their BAC is well below 0.08 percent. Likewise, a heavier driver who drinks regularly may be able to operate a motor vehicle, even if their BAC is at or near 0.08 percent. The legal limit of 0.08 percent represents the point at which the average driver's risk of an accident increases sharply.

A prosecutor's case for DUI may rest partly or entirely on the results of a BAC test, which makes it crucial that the test be done properly. An experienced California blood alcohol limit attorney knows the right and wrong ways to give a BAC test and how to show the court what happened if the test was not done correctly. To ensure that a strong California DUI defense is built on your behalf, call the Orange County drunk driving defense lawyers at Takakjian & Sitkoff, LLP today. Our attorneys have experience as former DUI prosecutors as well as DUI arrest and prosecution procedure instructors to local law enforcement. With this unique background, our lawyers have a thorough understanding of DUI law, lending our clients a strong and effective defense.