Blood Alcohol Testing
Blood alcohol tests are administered to individuals who are suspected of driving under the influence. Determining an individual’s blood alcohol concentration (BAC) helps law enforcement to determine how much alcohol is currently in the individual’s system, and subsequently, whether a DUI arrest should be made. Under California Vehicle Code Section 23152(b), a person is considered intoxicated by legal standards if his or her blood alcohol concentration is 0.08% or higher.
It is important to remember that the blood alcohol test is supposed to determine the blood alcohol concentration of the individual during the time that the motorist was operating his or her vehicle. In some cases, there can be a significant difference between an individual’s blood alcohol concentration at the time that they were pulled over and at the time the test was administered.
Blood alcohol tests play a crucial role in all DUI cases. In many instances, it is the person’s BAC that leads law enforcement to make an arrest in the first place. A person’s blood alcohol concentration also plays an important role in the Administrative Per Se DMV hearing held to contest the terms of an individual’s license suspension. Because blood alcohol testing results are so vital to both the criminal and DMV court proceedings, it is imperative to ensure that the results were properly collected, that the conditions in which the BAC test was administered were appropriate, and that the individual who administered the test was certified to do so.
Even the slightest error in BAC testing may lead to life-altering legal consequences for an individual arrested for DUI. By hiring the Law Office of Robert Tayac, an attorney will be able to investigate the results of an individual’s BAC test, question the people who administered the tests, request for a blood re-test, and find any hidden errors which may have negatively influenced test results.