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Charged With DUI? You Need an Attorney Who Gets Results.

Can BAC Evidence Affect DUI Defense?

Our San Diego DUI Lawyer Fights BAC Evidence

One of the things that determines if you will be arrested for a DUI charge is the BAC (blood alcohol content) results from either a breath or blood test. BAC is used to measure the amount of alcohol in the blood, which increased the more alcohol you have consumed. Law enforcement will use this information to show that you were legally over the legal limit of 0.08% to operate a vehicle.

Although this is the most important piece of evidence, it is incredible to know that many cases in which an individual was convicted may have had errors in breath or blood test evidence of BAC. Some of the factors that can affect this evidence involve the breath to blood ratio, also termed partition ration, the presence of mouth alcohol, or samples that have been compromised before testing.

The current method of testing for BAC assumes that each person breaks down alcohol in the same manner, which is an incorrect assumption. Each person processes differently. Attorney Mark R. De Yoe knows that the cards are stacked against you in a DUI case and has over 30 years of experience proving his client’s innocence.

Act fast! Call San Diego DUI attorney Mark R. De Yoe, APLC if you have been arrested for a DUI. When you are fighting against these charges, you need proven representation that delivers results.

How is blood alcohol content determined?

The key component of blood alcohol content is the total weight of alcohol in relation to a certain amount of blood. BAC can be tested using breath, blood, or urine.

There are numerous factors that affect BAC readings, including:

  • Device used to administer DUI breath and blood tests
  • Calibration and testing of the devices
  • Training of the person administering the tests
  • Medical conditions
  • Environmental contamination
  • Residual mouth alcohol

It is also true that the person's ability to process alcohol changes throughout the day. This has been proven in various studies undertaken over the years, and a recent case in the California Supreme Court even recognized how shaky BAC evidence can be. Since there is no solid way to truly determine a person’s BAC at the time they were driving, an experienced DUI defense attorney can examine the evidence in the case, hire an experienced toxicologist to test the sample, or question the methods used to obtain a BAC reading.

Could You be Found Guilty of DUI?

When you have been accused of drunk driving, there are numerous factors that influence the outcome of your case. One of those things are the types of crimes that you may be accused of through a DUI arrest. While a California DUI is usually considered as one crime, there are two separate offenses that typically encompass this crime:

  • Driving under the influence of alcohol and/or drugs (California Vehicle Code 23152(a))
  • Driving with a BAC level of 0.08% or higher

California Vehicle Code §23152(b) describes the second charge listed above, "driving with a measurable blood alcohol content of .08% or more." In order for the jury to prove that a defendant is guilty of this offense, it must be shown that the defendant drove a vehicle and that while operating the vehicle his/her BAC level was 0.08% or higher.

When you have been accused of drunk driving, you are facing an uphill battle. You need someone who is willing to stand by your side during this time and fight with you until the end. With San Diego DUI Attorney Mark De Yoe, you have this advocate. Find out more in a complimentary consultation at no cost to you!

How is BAC Measured?

If the defendant's breath or blood was tested within three hours of the defendant's driving and that sample showed a BAC level of 0.08%, the defendant can be convicted of driving under the influence.

As California law explains:

[If] a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant's blood alcohol level was 0.08 percent or more at the time of the alleged offense.

While evaluating whether or not a defendant is guilty, the jury can consider whether the person administering the test or the agency maintaining the testing device followed the regulations imposed by the California Department of Health Services.

Were you driving the car?

Before a jury can find you guilty of this crime, an officer (or other witness) must have personally observed you driving.

This charge can be contested for any of the following reasons:

  • You were arrested for DUI following an accident (while not inside your car)
  • You were only sitting in your car
  • You fell asleep inside of your car

There is nothing illegal about having a BAC level of 0.08% or higher, as long as you weren't driving. Sometimes an individual will run into a car and will leave a note for that car's owner. If that individual were then to go home and drink alcohol, he/she would not be guilty of DUI, if police were to question him/her about the accident and if he/she blew a 0.10% BAC level. Keep in mind, however, that there are some cases where an individual can be charged with DUI even if they were not actually driving.

Get Help from Mark R. De Yoe, APLC

While the situation described above is actually quite common, prosecutors continue to relentlessly push for DUI charges. Even if you blew 0.08% or higher, that does not mean you were above the legal limit while you were driving or that your test results are accurate.

If you have been arrested and charged with DUI, the best thing you can do is to schedule your free evaluation with Attorney Mark R. De Yoe at once. If you get legal representation immediately after your arrest, you can improve the possibility of a successful challenge of the BAC evidence. Our firm knows what to do and how to best navigate the legal system on your behalf, particularly in situations involving the science behind BAC evidence. With so much to lose, your best chance at beating your charges is aggressive and swift DUI defense from our San Diego DUI lawyer.

If you believe that your BAC level was higher at the time you took your breath or blood test then when you were driving, our DUI lawyer can investigate this, in order to find evidence that could exonerate you. Contact Mark R. De Yoe, APLC today to secure the aggressive legal services you deserve on your side!

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