How A Los Angeles DUI Attorney Can Challenge a BAC Analyzer Test
- By Rob Fleming
- Published 03/8/2010
- National, State, Local
- Unrated
OK so you have been stopped by the police, after which were arrested for DUI; at this point I am sure you think you are in some serious trouble and also you just don't know what to do, well in case you were unaware there are lots of 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 many ways to challenge a BAC test.
Even if you have been stopped by the police for suspicion of DUI and then arrested doesn't make you guilty of driving under the influence. There are a couple of important steps that will happen 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 remain silent and refuse to answer questions until you have a DUI lawyer present. The reason you should remain silent is something you say after you were advised of your rights can be used against you in upcoming court proceedings, and this means anything you said to any police officer, or police investigator.
Once you arrive at the police station, you will be booked into the police system, and after you have been booked, you will be allowed a phone call to find a DUI attorney, find a bail bondsmen, or a family member to let them know you were arrested.
At some point before, during or after being booked at the police station you
will be asked to take a BAC test. You need to take this test or your drivers license will automatically be suspended for one year through the California DMW. You are not obligated to speak with the police about your arrest, and if you will be asked questions you should polity say you're exercising your rights to remain silent, and you would like to finish the BAC test.
Before you are given your BAC analyze test at the police station, the police who arrested you are required by law to watch you for a 15 full minutes prior to the breath analyzer test to make certain the subject does not burp, belch, vomit, smoke or ingest any liquid or food.
There are also many mitigating reasons to explain you may have not passed your BAC test, such as:
1. GERD: Gastro Esophageal Reflux Disorder.
2. Non-specify issues such as other compounds of the breath that can look like alcohol to the machines (cigarettes, mints, gum, soy sauce, etc...).
3. On many machines the harder you blow the higher the reading will go!
4. Medical conditions making defendant an improper subject for breath testing.
5. Calibration of the breath machine being off.
6. Alcohol being trapped in the mouth or in dental fillings.
7. Breath test operator not being properly trained to conduct the tests.
8. Elevated body temperature.
There are many variables in defending a DUI arrest, and you should know that the California Supreme Court allows challenges to breathalyzer tests. The best thing you could do at this point is hire an experienced and aggressive Los Angeles DUI Lawyer to protect your freedom and drivers license.
Even if you have been stopped by the police for suspicion of DUI and then arrested doesn't make you guilty of driving under the influence. There are a couple of important steps that will happen 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 remain silent and refuse to answer questions until you have a DUI lawyer present. The reason you should remain silent is something you say after you were advised of your rights can be used against you in upcoming court proceedings, and this means anything you said to any police officer, or police investigator.
Once you arrive at the police station, you will be booked into the police system, and after you have been booked, you will be allowed a phone call to find a DUI attorney, find a bail bondsmen, or a family member to let them know you were arrested.
At some point before, during or after being booked at the police station you
Before you are given your BAC analyze test at the police station, the police who arrested you are required by law to watch you for a 15 full minutes prior to the breath analyzer test to make certain the subject does not burp, belch, vomit, smoke or ingest any liquid or food.
There are also many mitigating reasons to explain you may have not passed your BAC test, such as:
1. GERD: Gastro Esophageal Reflux Disorder.
2. Non-specify issues such as other compounds of the breath that can look like alcohol to the machines (cigarettes, mints, gum, soy sauce, etc...).
3. On many machines the harder you blow the higher the reading will go!
4. Medical conditions making defendant an improper subject for breath testing.
5. Calibration of the breath machine being off.
6. Alcohol being trapped in the mouth or in dental fillings.
7. Breath test operator not being properly trained to conduct the tests.
8. Elevated body temperature.
There are many variables in defending a DUI arrest, and you should know that the California Supreme Court allows challenges to breathalyzer tests. The best thing you could do at this point is hire an experienced and aggressive Los Angeles DUI Lawyer to protect your freedom and drivers license.
Rob Fleming
Been arrested for a DUI in Los Angeles? You need an experienced Los Angeles DUI lawyer to represent you and protect your rights. Rob Fleming is a Freelance writer for hire with over 10 years experience in attention getting articles.
View all articles by Rob Fleming