DUI Blogger

As a Los Angeles DUI defense attorney, people frequently ask me the following question: If I’m stopped for DUI, should I take a blood/breath test or refuse to do so? And here’s how I respond: It depends.

If you can live without your driver’s license for a year, then politely refusing to submit to a chemical blood or breath test is a good choice. I say this because the California DMV will automatically suspend your driver’s license for a minimum of one year (more if it’s your second or subsequent DUI arrest) if you refuse to submit to a blood/breath test.

But if you can suffer that consequence because either (1) you can rely on friends/family to drive you, or (2) have a good public transportation system, prosecutors have a difficult time proving refusal cases. Often times the arresting officer can’t articulate exactly why he/she believed you were DUI. And even when he/she can, a good drunk driving defense lawyer can usually challenge those observations.

If you can’t give up your driving privilege, then take a test…but only at the station, not a hand-held test in the field. And opt for the breath test, as it’s much easier to effectively dispute the accuracy of breath test results over blood test results.

Hope this helps!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , Field Sobriety Tests

Bookmark:

As a Los Angeles DUI defense attorney, people frequently ask me if it’s worth fighting a DUI charge if their BAC was above the legal limit…and my answer is always a resounding YES!!!

Just because a California DUI blood, breath, or even urine test reports that your blood alcohol concentration (BAC) is 0.08% or above doesn’t mean that it actually was. There are a variety of factors, such as machine failure, procedural errors, physiological issues, and even outside environmental influences that can all contaminate blood, breath, or urine samples. And the fact of the matter is that each one of these factors can result in a falsely high BAC level.

So if you have the misfortune of being popped for a DUI over the holiday weekend as a part of the California DUI “saturation” patrol, don’t despair…all hope is not lost! And so I repeat…regardless of how high your reported BAC is, your DUI charge is ALWAYS worth fighting.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Blood Testing

Bookmark:

With every holiday comes increased California DUI patrols. Law enforcement beefs-up its patrol units to ensure that extra officers are visible to the public…both as a way of discouraging people from drinking and driving and to arrest those who they believe are DUI.

If you find yourself in the unfortunate position of being stopped for a California DUI investigation, try to keep the following tips in mind…they won’t necessarily get you out of a DUI arrest, but they will make it more difficult for the prosecution to convict you of DUI.

1. Be polite and respectful to the officer, no matter what.
2. Politely refuse the field sobriety tests (FSTs). Contrary to popular belief, these tests are not mandatory and rarely, if ever, help a DUI suspect.
3. Politely refuse to submit to a preliminary alcohol screening (PAS) test. Similar to FSTs, a PAS test is voluntary…unless you are under 21 or are currently on probation for a California DUI.
4. Do submit to a chemical DUI blood or breath test after you have been arrested…unless you don’t mind losing your California driver’s license for a minimum of one-year and spending at least 48 hours in a county jail. And finally,
5. Exercise your Constitutional right to remain silent. Although it’s contrary to human nature not to try to defend oneself, please resist all temptation to do so. Any statements you make can and will be used against you to incriminate you and/or attack your credibility.

Be safe everyone. Happy Thanksgiving!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , News & Information

Bookmark:

Texas…one of the states that currently permits officers to perform forced blood draws in DUI refusal cases…has become even more aggressive with respect to its alleged DUI offenders.

The state used to permit officers to perform warrantless DUI blood draws when someone was seriously injured by the suspected DUI driver. Now police are authorized to perform these warrantless DUI blood draws when there is a DUI chemical test refusal and in any of the following cases:

1. Someone was injured severely enough that they required immediate medical attention


2. There was a child in the car


3. It was the suspect’s third DUI.

This is just another example of how this nation is becoming more of a police-state with respect to driving under the influence. It’s one thing to toughen the laws for convicted repeat offenders (a policy that I’m not advocating, by the way), but to toughen the laws with respect to those who have only allegedly violated the law is inexcusable.

Continue reading "Texas Police Expanding Forced Blood Draws" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences

Bookmark:

Title 17 of the California Code of Regulations governs how DUI blood, breath, and urine tests are administered, analyzed, and stored. Title 17 violations can result in dismissed California DUI charges…or at the very least, in significantly reduced DUI charges.

This California DUI law establishes the protocol that officers and medical personnel must follow if they want your blood alcohol concentration (BAC) level admitted into evidence. Some (but not all) of these requirements include:

• making sure that you do not eat, drink, smoke, vomit, or regurgitate for at least fifteen minutes prior to taking a breath test (so that your breath test results aren’t contaminated),


• making sure that your blood is drawn by a certified technician, and


• making sure that any testing equipment is properly maintained and calibrated on a routine basis.

Continue reading "How Title 17 Violations Can Help You Win a California DUI Case" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Blood Testing , DUI Legislation

Bookmark:

With respect to drinking and driving, this is the common question that, unfortunately, doesn’t have a clear answer. Anti-drinking, conservative groups suggest that you shouldn’t drive after having even one alcoholic beverage. Other, less extreme groups recognize that most people are fit to drive after having one or two drinks. And, depending on an individual’s tolerance to alcohol, there are many people who can have even more to drink and still drive safely.

The fact remains, however, that in California…as well as every other state…we have what is referred to as a per se DUI law. A “per se” DUI law is one which presumes that you are driving under the influence if you reach the state’s minimum blood alcohol concentration (BAC) level.

In order to help you understand your blood alcohol concentration (BAC) level as it relates to a California DUI, a variety of BAC calculators are available. You can find these BAC calculators both online and in print, as they are regularly mailed along with your California DMV auto registration.

Continue reading "How Much is Too Much?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Blood Testing

Bookmark:

Despite the fact that it is inherently more reliable than DUI breath testing (and certainly more reliable than DUI urine testing), DUI blood testing still has its share of evidentiary problems. Contamination and error frequently contribute to faulty California DUI blood test results, leaving innocent victims to face wrongful charges for Vehicle Code 23152b VC driving under the influence with a BAC of 0.08% or greater.

Although DUI blood testing directly measures the amount of alcohol in one’s bloodstream, there are a variety of external factors that can lead to false California DUI blood test results.

Who drew the blood…whether the injection site was properly sterilized…whether the blood sample was properly mixed with sufficient amounts of anticoagulant and preservative (used to prevent fermentation or clotting)…and, for that matter, whether the anticoagulant and preservatives had expired, are all issues that could compromise the integrity and accuracy of your DUI blood test.

Continue reading "Don't Ever Assume You Shouldn't Fight the Results of a DUI Blood Test" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI Blood Testing , DUI Legislation

Bookmark: