DUI Blood Test

June 11, 2016

Sacramento DUI Tests And How Accurate They Are

DUI attorney SacramentoSacramento DUI attorneys, your best chance to dismiss DUI charges and keep driving record clean.

Driving under the influence of alcohol in Sacramento is never a good idea. Not only will you be posing an actual threat to other drivers, their passengers as well as the pedestrians – should you be pulled over by the police, you risk facing some genuinely severe legal penalties. The law enforcement officers are genuinely unforgiving to the DUI offenders, due to a number of factors and ever-rising statistics of DUI crimes is one of those factors indeed.

With that said, in case the police officer has reasons to believe that you were in fact operating your vehicle under the influence of alcohol, he or she is going to ask you to submit yourself to a series of field sobriety tests. Although they are not completely accurate – they will allow the officer to determine if you are affected by alcohol. The most common field sobriety tests are – walking down the straight line and touching your nose with your fingertip, with your eyes closed. In case these tests have demonstrated that you cannot control yourself, the law enforcement officer is going to ask you to submit yourself to a breathalyzer test. It is a common practice and even though you have the right to refuse, your refusal will lead to further penalties in court.

If the breathalyzer test demonstrated that your BAC (Blood Alcohol Concentration) equals or surpasses the established .08% limit, you will be arrested for driving under the influence of alcohol. However, the results of the test are not 100% accurate and it had been proven on numerous occasions. First of all, it is important to understand that men’s and women’s metabolisms are very different and even if the test indicated .08%, it does not necessarily mean that the alcohol is impairing one’s judgement. Professional Sacramento DUI lawyer can explain all the details about breathalyzer tests and how to develop a good strategy to fight it court.

Another common test is the blood test. Most people consider that it delivers the most accurate results. Although this test comes close to being the most efficient one out there, it does not necessarily mean that it is offering 100% accuracy. After all, the test is only indicating how much alcohol is in the bloodstream. For the alcohol to cloud one’s judgement, it will need to get to one’s brain and it does not matter how much alcohol is found inside the bloodstream. These nuances matter and could make a difference in the court of law.

Still, in order to prove your point, you will need to have a qualified as well as genuinely experienced legal representative by your side. Indeed, only a qualified Sacramento DUI attorney will have the skills and the knowledge to counter any arguments of the prosecution and to provide solid evidence. Which would dismiss test results and would generally work in your favor. Hence, if you or your loved ones have reasons to believe that the BAC test did not demonstrate correct results, do not hesitate to get in touch with a good Sacramento DUI lawyer and you will surely never regret it!

December 28, 2015

Changes In The DUI Blood Draw Law And Its’ Consequences

Recent changes in the DUI blood draw law may significantly affect the overall situation on the roads. The law itself now allows the EMT (Emergency Medical Technicians) to draw blood samples from the DUI suspects on the spot. Now, prior to that change, only qualified healthcare professionals, nurses and specially trained medical personnel were allowed to perform the procedure. Nevertheless, the main problem was that getting a potentially drunk person to the doctor took way too much time, so the results could be very different and the individual could sober up by the time of the procedure.

On the other hand, now, most law enforcement officers, who have already been trained as EMTs have the possibility to draw blood samples from the offender right on the spot. Furthermore, in case an ambulance is called on the site of the incident (which happens most of the time), its team has the authority to draw blood samples in order to determine if the person was driving under the influence of alcohol or illegal substance. Some may argue that blood drawing from the DUI offenders is illegal, but in truth it is a grey area, so the law is open to interpretations in some extent. The law enforcement officers may need a warrant to draw the offender’s blood sample. However, under extreme circumstances, the law enforcement officers have the right to draw blood of potential DUI offenders without any warrants. Yet, what are those extreme circumstances and when police officers can or cannot draw blood is a very broad question that may actually be open for debate.

DUI cases with blood draw procedures are far more complicated than the usual DUI offense scenarios. See, the scientific process may convince the judge that an individual was actually driving under the influence of alcohol and he or she endangered lives of other people around them. Nevertheless, even the most sophisticated blood tests are at times somewhat inaccurate, so it is very difficult to say for sure if a person was actually intoxicated or not.

This is one of many reasons why it is so important to find a qualified as well as genuinely experienced legal representative, who will have skills and expertise to fight against those test results and who would argue about how legal it was to draw blood samples right on the spot by the EMT. This is the only way to avoid harsh legal penalties that may include losing your driver’s license, expensive fines and even jail or prison time.

A good Sacramento DUI lawyer will know exactly how to approach and convince the judge that blood samples were not taken legally, that tests were inaccurate and that you were not driving under the influence of alcohol. Therefore, if you or your loved ones were charged with a DUI in line with blood test results, we simply cannot help but recommend you to get in touch with a good lawyer as soon as possible. Otherwise, you risk losing your case and facing penalties in full, which is not the most beneficial outcome indeed.

Sacramento DUI Attorneyshttps://www.sacramentoduiattorney.net/