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DUI Breath & Blood Tests
Were you arrested for DUI after failing to complete or refusing a breath or blood test? If so, Orange County DUI Lawyer Virginia L. Landry may be able to help you. To secure a conviction for DUI (driving under the influence) in Orange County, law enforcement and the prosecuting attorney will often utilize a driver’s breath or blood test results.
A breath test, blood test or sometimes a urine test may be used to determine blood alcohol concentration (BAC), the level of alcohol in your system.
If a driver is operating a vehicle while with a blood alcohol concentration of 0.08% or greater, he or she may be charged with DUI. Underage drivers may face license suspension penalties with a BAC of 0.01% or greater, and commercial drivers may face criminal charges with a BAC of .04% or greater.
Breath Test Information
A breath test is typically administered by having a driver blow into a breathalyzer device, which analyzes the sample and determines BAC. These are commonly considered less reliable than blood tests and have a number of issues that can affect results. A lawyer can bring these into question to challenge your result. For example, the machine must be calibrated every 10 days or 150 subjects, and according to state standards in order for the results to be admissible in court. If the breathalyzer device was not calibrated correctly, we may be able to use this to your advantage.
Blood Test Information
A blood test is conducted by taking a blood sample and analyzing it to determine the driver’s BAC. Although more accurate than breath tests, blood tests have their faults as well and may be improperly handled, administered by an untrained professional or mishandled by error or neglect. Your attorney may be able to use this to help you avoid a conviction. Find out more about breath and blood tests and DUI by contacting our firm today.
You Only Have 10 Days!
If you do not act immediately, you could lose your right to drive.
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When you are arrested for DUI, the arresting officer will confiscate your driver’s license and give you a “notice of suspension” that will serve as a temporary license. California law requires you to choose between a breath or blood test if lawfully arrested.
If you failed to complete or declined/refused a breath test or blood test, the DMV will begin suspension proceedings starting on the 31st day after your arrest.
You must contact the DMV within 10 days of your arrest in order to challenge the suspension of your driver’s license, or it will be suspended regardless of the outcome of your case.
We handle making these arrangements for our clients.
The DMV hearing and your criminal case are two entirely separate parts to your DUI charges. Even if you are not found guilty of DUI, you could still lose your license depending upon how the DMV hearing goes.
Your Orange County lawyer will be able to represent your interests in your DMV hearing to help ensure that you have the best chance at keeping your driving privileges.
If keeping your license is important to you, you should speak immediately with an experienced Orange County DUI lawyer to discuss your options and to learn how your right to drive can be protected.