Blood Alcohol Content
Redwood City Drunk Driving Breath Test Attorney
For over 20 years, serving clients in Northern California and the San Francisco Bay Area charged with driving drunk.
There are a number of factors that can contribute to your successful DUI/DWI defense. The first of these is the lawyer you choose. Bay Area criminal defense attorney Shelley D. Dwyer has tremendous skill and experience helping those facing drunk driving charges. She can negotiate with strength for what is in your best interests, and she will go to trial to defend your rights if necessary. If you or someone you know has been charged with driving drunk, make the right call.
Call 650-367-8500 or contact us for your free initial consultation with a Redwood City lawyer regarding a drunk driving breath test
People are used to hearing about blood alcohol content. You know that if you blow a.08 that you can be charged with drunk driving, right? Did you know that you can be charged even if your blood alcohol content is found to be less than .08 percent?
A measure of your blood alcohol content is just one of the pieces of evidence that authorities will use against you in your DUI/DWI case. People often think that if you take a test and are found to have a blood alcohol content of higher than.08 you don't have a leg to stand on, but this isn't necessarily so. Ultimately, 12 jurors must agree that your blood alcohol content actually was greater than the amount that California statutes use to define drunk.
Tests that measure blood alcohol content are not always accurate and they are not foolproof. Field sobriety tests to measure blood alcohol content are especially suspect - they do not measure blood alcohol, they are observations which tend to allow the police officer to form the opinion that you are too impaired by alcohol to be driving a vehicle. It is often a good idea for a person who is stopped to respectfully decline to take these field tests because of their inaccuracies, but one should take care in dong so because it is an offense in itself to refuse an evidentiary chemical test, that is a blood or breath test given at the jail or at the first chance facilities. Breath test devices used in the field are called preliminary alcohol screening tests and are also much less reliable than those typically used at the station.
Sometimes the test might be used only to suggest that your blood alcohol content was at a certain number at some time previous to when it was actually measured. Sometimes these devices are affected by the individual characteristics and behaviors of the subject such as the presence of medications or certain foods. These breath tests given in the field are voluntary and you are not obligated to take them. You must, however take the breath or blood test at the station after being arrested and the police officer asks you your choice. If you decline to take this test, you will likely lose you driving privilege for a full year pursuant to the DMV admin per se law. You are deemed to have consented to taking one of these evidential tests when given your California drivers license. If you submit to a blood test, the preservatives used in blood tests can often affect the results. Police and other civil servants, often with minimal training, must administer these tests and they can and do make mistakes.
The measure of your blood alcohol content can be a large factor in the sentence you receive. Certain measures of blood alcohol content create tiers of stiffer penalties. While it is true that a measure of your blood alcohol content after arrest may be the strongest evidence against you, it is not beyond questioning with the help of a skilled attorney.
If you would like more information about criminal law, please visit the DUI Information Center.
Contact a San Mateo County Lawyer for Defense of Drunk Driving Charges
Contact the Law Offices of Shelley D. Dwyer by calling 650-367-8500 and schedule an appointment (usually available the same day), or fill out an online contact form.