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Criminal Law

DUI Law & The DMV

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The information displayed here is for information purposes only and does not constitute legal advice, recommendations, mediation or counseling under any circumstances and no attorney-client relationship is formed. Please see the Legal Disclaimers for more details.

DUI Law: DUI Defenses


DUI Defenses to the Breath Test:

  • Contamination can cause inaccurate breath results to occur.
  • Medical Conditions: Reflux, heartburn, burping, belching, regurgitation, GIRD (gastro-intestinal-reflux-disease), Gastroesophageal Reflux-Hiatal Hernia Gastroesophageal Reflux Disease (GERD) Esophageal Manometry (Esophageal Motility) Upper Gastrointestinal Series (Barium Swallow Test) Barrett's Esophagus, Heartburn
  • Failure to Comply with Procedure: A police officer's failure to conduct a proper 15-minute observation before the test can be crucial.
  • Machine errors
  • Operator errors

Defense and Challenges to the Blood Test Results:

  • Challenges to accuracy are available
  • Gas chromatograph calibration, maintenance, and repair records can reveal startling problems which violate scientific standards and state law requirements.
  • Demand a blood re-test at an independent lab for BAC alcohol level and proper preservation. We consults with qualified experts regarding individual cases to determine whether the accuracy of the reported BAC alcohol level is reliable or not.
  • Was your blood taken by a licensed individual?
  • Was your sample properly preserved by chemical preservatives?
  • Was your sample properly refrigerated? Preservation is crucial because of the specter of fermentation could increase the alcohol level in the sample to be tested.
  • Is the Chain of Custody of the sample properly documented? Did you know that these crime labs routinely analyze multiple samples of different people in the same time frame?
  • Did a qualified licensed lab person do the analysis in the presence of a qualified Supervisor?
  • Was the Gas Chromatograph device properly calibrated, maintained, and repaired according to State law and the terms of the lab's license?

 
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1440 N. Harbor Blvd., Ste. 900, Fullerton, CA 92835, Phone: (714) 961-1966, Fax: (714) 961-1972

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