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Blood Alcohol Concentration
Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol present in a person’s blood stream. A person’s BAC can be determined through the administration of a breath, blood, or urine test.
BAC & DUI Arrest
When a person is stopped for DUI, he/she will be asked to submit to a breath alcohol test by law enforcement. The person has the right to refuse to consent to the test. However, refusal to submit to the initial breath alcohol test may lead to additional legal consequences if the person is convicted of DUI. If the person consents to the breath alcohol test, and his/her BAC is 0.08% or higher, he/she will be placed under arrest for driving under the influence. In the state of California, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher. You can be charged if yoiur level is as low as .05% BAC.
BAC & License Suspension
If the person’s BAC is 0.08% or greater, his/her driver’s license will be confiscated by law enforcement, and he/she will be given a temporary driver’s permit. This permit will allow the person to drive for up to 30 days. After the 30 day period, the person’s driving privileges will be automatically suspended. To avoid suspension, the person must schedule a hearing with the DMV within 10 days of his/her arrest to contest the suspension. If you are working with our office, we will handle this for you.
Inaccurate Blood Alcohol Test Results
Most people are under the impression that blood alcohol tests are 100% accurate, but this is not true. In many cases, it has been discovered that the person’s reported BAC was inaccurate.
Inaccuracy can stem from many things, including:
- Defective test equipment
- Improper test administration
- Unlicensed or uncertified person administering the test
- Police radio interference
- The person ate before the test
- The person used mouthwash
- The person hiccupped or vomited
- The person wears dentures
- Inaccurate breath temperature of the machine
Talk to Our Orange County & Irvine DUI Defense Attorneys
If you have been charged with DUI in Orange County, Irvine, or surrounding counties, you need to consult with a skilled DUI defense attorney immediately. The Law Offices of Virginia L. Landry has been representing clients charged with DUI in Orange County and Irvine for years. Attorney Virginia L. Landry knows that DUI charges demand prompt attention and that each DUI case should be carefully evaluated by an experienced lawyer. When it comes to successfully fighting your DUI charges, having a reputable DUI lawyer on your side is crucial. At the Law Offices of Virginia L. Landry, clients receive the thoughtful legal counsel and aggressive defense they need to contest their charges.
Call today or fill out the online case evaluation to learn how Attorney Virginia Landry could fight in your defense.
You Only Have 10 Days!
If you do not act immediately, you could lose your right to drive.
“They answered all my collect calls from jail and went above and beyond what I expected.”
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“For those in need – give them a call”
“I’m really pleased with the outcome, especially the recent DMV decision.”
“She treated me like I was the most important call of the day. She listened carefully and respectfully.”
“She is great! I could have not picked a better attorney office to serve.”
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.