In California, as in most states, a BAC of .08 percent is considered above the legal limit. BAC is determined through a breathalyzer test. However, what most people don’t know is that these tests are not always reliable especially if they are not administered appropriately.
Most people are aware of their ability to refuse a breathalyzer test. However, what you must know is that California follows an implied consent law. This means that when you applied for your driver’s license, you also automatically consent to a breathalyzer test in the event that you are pulled over. By refusing the test, you can expect a $125 fine and a one year license suspension.
A BAC test is given at the time of the arrest, and the officer may either administer a breath or blood test. A urine test is a third option that may or may not be available. The thing about these tests is that they must be administered with precision. Leaving any steps out can hinder the reliability of the results.
All tests come with a field manual that outline the steps that must be followed. The steps are there for a reason, and if any of them are left out, then the validity of the results may come into question. Hollywood DUI attorneys are familiar with the field manuals and can use it to their advantage if there is reason to believe the arresting officer failed to follow test procedures by the book. This has been used many times by defense lawyers to have their client’s DUI case dismissed.
