Hi, I live in Los Angeles, California and I haven’t actually been arrested for DUI. But in case I will be charged for DUI and I get a lawyer, what knowledge should a lawyer have when it comes to different blood alcohol testing methods used in a DUI case?

Kate

Los Angeles, CA

If you get arrested for DUI in Los Angeles, California, you definitely have a choice of a breath, blood or urine test to find out your blood alcohol level. This is the reason why every DUI defense lawyer should have sufficient scientific knowledge in order to effectively cross-examine the state’s expert, as well as to present defense expert testimony. Mouth alcohol, absorption, interfering substances, peak and elimination of alcohol, chemistry and other scientific issues are extremely critical in representing a person accused of DUI.

Being knowledgeable on the various breath, blood and urine testing methods and their scientific principles is also required for the competent DUI defense lawyer. Every blood alcohol testing device has its own unique strengths and weaknesses. Those weaknesses should be explored in front of a jury in order to provide the defense with effective assistance of counsel. In several occasions, the chemical testing machines are neither properly operated nor calibrated and this can be attacked by a good DUI defense lawyer who has enough knowledge on the information about how chemical testing machines are being maintained.

I heard from my mom that field sobriety tests are used to be called something else back then. How were these tests develop and could you cite some common tests that police usually conduct here in Los Angeles, California?

Amos
Los Angeles, CA

In mid 1970’s, with the assistance and cooperation of the law enforcement community, the National Highway Traffic Safety Administration (NHTSA) has conducted research that resulted in the development of a battery of three standardized field sobriety tests (FST’s). These are the Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand which are commonly used by police officers in Los Angeles, California and are designed to assist them in detecting drivers who are under the influence. FST’s are formerly referred to as Improved Sobriety Tests but they are now the Standard that the Federal Government wants to be utilized.

The FST program was validated in field studies and laboratory conducted by the Southern California Research Institute. The FST’s were initially developed by the Los Angeles Police Department Training in how to conduct the tests and it is included in the NHTSA course “DWI Detection and Standardized Field Sobriety Testing.”

I had a little drink and I didn’t have a choice that I had to drive a friend home after a party here in Los Angeles, California. She had too much alcohol that she can’t even walk. I was able to get her home safe but just in case in the future that I didn’t have a choice to drive again after drinking and get arrested, can I refuse a blood alcohol test? If not, do I have a choice which blood alcohol test I could take?

Forrest

Los Angeles, CA

If in case in the future you will be asked to pull over because of a DUI suspicion in Los Angeles, California, you cannot refuse to take the blood alcohol test if you are asked to do so by the police officer and this is because of the implied consent law. Under the implied consent law, the police officer should warn you about the consequences of refusing to take the blood alcohol test. Your driver’s license will be suspended immediately for one year if you refuse to take the test.

The three tests to determine blood alcohol content are blood, urine and breath tests. You actually do have a choice of which one of these three tests you will take, although recently, the law has been changed to allow the urine test to be discontinued by the police because of the problems associated with it. If one test is somehow unavailable, that is the only time your ability to choose which test you take can be legally restricted. You should then take the other if that is the case. The police officer is required to tell you of your options. But the decision as to which test to take is up to you.

My brother was arrested for drunk driving just two days ago in Los Angeles, California but I was out of state. I haven’t gotten the chance to talk to him or to anyone after he was bailed out. Someone just mentioned to me that he refused to take the breath test. What happens to him now because of his refusal to take the breath test?

Hayden

Los Angeles, CA

Since your brother was driving on a public highway in Los Angeles, California and was arrested for drunk driving, his driver’s license will be suspended for one year because of his refusal to do a breath test. The breath test refusal can also be used against him in court. Many times, it is possible to take administrative legal action to regain his driver’s license and there are many legal reasons why someone would not want to blow into a breathalyzer.

Furthermore, even if the one-year driver’s license suspension is maintained, that suspension is so much better than a DUI conviction. A person should never take a breath test, especially without an attorney present. That being said, even if your brother blew well above the legal limit, there are many ways to fight his DUI charge in Los Angeles. At this point, you have to make sure that you hire a DUI lawyer to help your brother defend his DUI charge. The DUI lawyer would guide him through the proceedings and help clarify the severity of charges brought against him. An experienced Los Angeles DUI lawyer can definitely look at several ways to attack your brother’s DUI charge.