Challenging the Driving Under the Influence (“DUI”) Breathalyzer Test in California
Protect Your Rights with a Leading Defense Attorney
Have you been recently cited and arrested for DUI based on a failed blood alcohol concentration (“BAC”) test? You might think contesting the charges in court is futile. However, it’s important to note that breath and blood tests can produce invalid results for a number of reasons, including time-lapses, scientific issues, and many others.
Therefore, it may be possible to challenge the accuracy and reliability of the BAC test, which could potentially impact the DUI conviction in California.
At HJP Legal, our experienced team of DUI attorneys understands the intricacies of blood alcohol tests in California and how they can be prone to errors. We will conduct a thorough evaluation of the case against you, including all of the physical evidence, and provide a strong defense strategy to challenge the validity of your BAC test results in a court of law.
Challenging BAC Evidence in Your DUI Defense
When law enforcement stops a vehicle based on reasonable suspicion of DUI, they may administer tests for impaired driving. If a driver’s blood alcohol content (BAC) registers at or above the legal limit of .08%, they can be arrested for DUI in California.
Penalties for DUI are severe, imposing a wide range of consequences such as lengthy jail or prison sentences and substantial fines, which vary depending on the frequency and level of offense.
When you consider that a first-time DUI conviction in California results in potential jail time of 96 hours to six months, fine of between $390 to $1000, up to five years of probation with 3, 6, or 9 months of DUI school, community service, and potential license loss, including the possibility of installing an ignition interlock device in your vehicle – you’ll realize it’s time to begin searching for the best DUI defense attorney in Orange County.
Our firm has the expertise to construct a robust defense against California DUI charges, leveraging potential flaws in test administration by the police, issues with testing equipment maintenance or accuracy, or physical conditions that could impact BAC results.
Wrongful DUI convictions based on flawed or incorrect BAC evidence have massive ramifications on personal and professional reputations. Attorney Halley J. Peters at HJP Legal in Orange County will work diligently to challenge the validity of these tests and build a compelling defense strategy for your case.
Why Choose HJP LEgal?
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Strategic Advice & RepresentationAttorney Halley J. Peters is well-versed in ensuring your legal rights are protected throughout the legal process. They will ensure that the evidence being used against you is obtained legally and within legal boundaries.
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Minimize PenaltiesCriminal charges can have severe consequences, including losing certain rights, massive fines and penalty fees, and potential incarceration. A skilled criminal defense attorney like Halley J. Peters can help to minimize these penalties or even fight to get the charges dismissed entirely.
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Clear Communication & TransparencyHalley is here for you every step of the way. She keeps her clients informed and up to date on important developments in their cases, and is readily available to answer any questions or address any concerns that may arise.
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Legal ExpertiseHalley is an experienced criminal defense attorney with the knowledge, skills, and resources to handle your criminal case. She understands the legal procedures and tactics of the prosecution, allowing her to provide you with the best defense.
Hire The Best for DUI Defense in Orange County
Halley J. Peters at HJP Legal is a seasoned defense attorney dedicated to ensuring those detained or alleged to have violated the law receive the very best outcome legally and personally. She has over a decade of experience practicing and is licensed and practices in both California and Florida.
Ms. Peters has rigorously defended individuals, as well as large financial institutions, including UBS, Merrill Lynch, and Wells Fargo. In addition to practicing in the field in Florida, Ms. Peters has clerked for Florida Supreme Court Justice E.C. Perry and Appellate Judge Leslie B. Rothenberg at the Third District Court of Appeals for Florida. Ms. Peters graduated magna cum laude from the University of Miami School of Law in 2011 and with distinction from the University of Michigan in 2008.
For the best DUI defense in Newport Beach, Orange County and Southern California, call (949) 340-0102.
Remember that with Halley, no concern is too small.
Understanding Field Sobriety Tests: Key Information to Know
To justify making a California DUI arrest, police officers must have probable cause to make a stop and then collect credible evidence that proves the driver was intoxicated. This typically involves requesting the driver to undergo common field sobriety tests, like blowing into a tube connected to a breathalyzer machine.
Police may also ask you to recite the alphabet backward; they may ask you to follow their index finger as they move it from side to side while they judge the focus of your pupils, or perhaps ask you to stand on one leg for a period of time in order to judge your level of balance and coordination.
If you have been arrested based on one or more of these common field sobriety tests, it’s paramount to consult with an experienced California DUI lawyer. You may have valid means to challenge the charges against you if any of the tests were improperly administered or the equipment used for the tests was not properly calibrated.
Breath Tests: Understanding the Process and Potential Issues
For reliable results, the breathalyzer must be regularly cleaned and calibrated. It’s not safe to make the assumption that all police departments do this required maintenance as they’re required to on a regular basis. In addition, there are other potential issues with these tests. Human error, variations in temperature, and certain medical conditions may all affect the accuracy of the results.
Police officers should prepare for some of these factors by observing you for signs of breathing impairment which may affect the machine’s operation and ability to interpret the data from your breath, but often rush into administering tests without regard for specific medical conditions.
Please note that refusing to take the breath test can result in the automatic suspension of your driver’s license and may even give the officer grounds for arresting you on suspicion of DUI.
DUI Blood Test Insights
Though blood tests are usually completed by medical technicians at hospitals or clinics, the potential for errors exists throughout the procedure. While blood tests are generally considered more trustworthy, they are not infallible and do not automatically result in a conviction.
Science and government often get it wrong; errors related to timing, labeling, storage, and collection procedures all work in your favor under courtroom scrutiny.
A seasoned attorney specializing in California DUI defense can thoroughly review every section of the prosecution’s case against you, uncovering anomalies and deviations from standard procedures to ensure that only valid evidence is presented to the court.