How To Fight a BAC Test

How To Fight a BAC TestOK so you were stopped by the police, and then were arrested for DUI; right now I am certain you think you’re in some serious trouble and you just don’t know what to do, well in case you didn’t know there are many laws, rules and regulations that govern the police on how they proceed on suspected DUI stops in Los Angeles and even in case you happen to be over the limit there are lots of methods to challenge a BAC test.

Even if you have been detained by the police for suspicion of DUI and then arrested doesn’t make you guilty of DUI. There are a couple of important steps that will occur as part of your arrest after you are taken to the police station, and these events will become as important as your being stopped by the police in the first place.

Once you have been arrested by the police, you should have been given your Miranda rights, at this point you need to choose to stay silent and decline to answer questions until you have a DUI attorney present. The reason you must remain silent is anything you say immediately after you have been advised of your rights may be used against you in possible court proceedings, and this includes something you said to any police officer, or police investigator.

Once you arrive at the police station, you will be processed into the police system, and after you have been booked, you’re allowed a phone call to speak to a DUI lawyer, find a bail bondsmen, or anyone else to let them know you got arrested.

At some point prior to, during or following being processed at the police station you are going to be asked to take a blood alcohol content test. You must take this test or your drivers license will automatically be suspended for one year by the California DMW. You aren’t required to talk with the police about your arrest, and if you might be asked questions you ought to polity say you will be exercising your rights to stay silent, and you would like to finish the BAC analyzer test.

Before you are given your BAC analyzer test at the police station, the policemen are required to watch you for a 15 full minutes ahead of the breath analyzer test to make certain the person in custody doesn’t burp, belch, vomit, smoke or ingest any liquid or food.

There are also many mitigating factors as to why you may have failed your BAC test, such as:
1. Elevated body temperature.
2. GERD: Gastro Esophageal Reflux Disorder.
3.Non-specify issues such as other compounds of the breath that can look like alcohol to the machines (cigarettes, mints, gum, soy sauce, etc…).
4. On many machines the harder you blow the higher the reading will go!
5. Medical factors making defendant an improper subject for breath testing.
6. Calibration of the breath machine being off.
7. Alcohol being trapped in the mouth or in dental fillings.
8. Breath test operator not being properly trained to conduct the tests.

There are many variables in defending a DUI arrest, and you should know that the California Supreme Court allows challenges to breathalyzer tests. The most important thing you could do at this point is hire a skilled and aggressive Los Angeles DUI Lawyer to protect your freedom and drivers license.

Been arrested for a DUI in Los Angeles? You need an experienced Los Angeles DUI lawyer to represent you and protect your rights.


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3 Responses to “How To Fight a BAC Test”

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    April 5, 2011 at 12:09 pm Reply

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