How To Challenge A Bac Test

OK so you have been stopped by the police, after which were arrested for DUI; now I am certain you think you might be in some serious trouble and also you just don't know what to do, well in case you didn't know there are numerous laws, rules and regulations that govern the police on how they proceed on suspected DUI stops in Los Angeles and even in case you happen to be over the limit there are many methods to challenge a BAC check.

Simply since you were pulled over by the police, after which arrested doesn't automatically mean you're guilty of drunk driving, there are 2 important things that will happen as soon as you were arrested, and they will become just as critical as the specifics of your initial police stop and arrest.

When you have been arrested by the police, you should have been informed of your Miranda rights, at this point you should choose to stay silent and decline to answer questions until you have a DUI lawyer present. The reason you ought to stay silent is anything you say after you have been informed of your rights might be used against you in potential court proceedings, and this means something you say to any police officer, or police investigator.

Once you arrive at the police station, you will be booked into the police system, and immediately after you have been booked, you're allowed a phone call to speak to a DUI attorney, find a bail bondsmen, or a family member to let them know you are arrested.

At some point before, during or after being booked at the police station you are going to be asked to take a BAC analyzer test. You must take this test or your drivers license will automatically be suspended for one year through the California DMW. You are not required to speak with the police about your arrest, and if you're asked questions you should polity say you will be exercising your rights to remain silent, and also you would like to finish the BAC test.

Before you are given your BAC analyze test at the police station, the police who arrested you are required to watch the subject for a 15 full minutes before the breath test to make sure the subject does not burp, belch, vomit, smoke or ingest any liquid or food.

There are also many mitigating explanations as to why you may have not passed your BAC test, such as:

1. GERD: Gastro Esophageal Reflux Disorder.

2. Non-specify issues such as other compounds of the breath that can look like alcohol to the machines (cigarettes, mints, gum, soy sauce, etc...).

3. On many machines the harder you blow the higher the reading will go!

4. Medical conditions making defendant an improper subject for breath testing.

5. Calibration of the breath machine being off.

6. Alcohol being trapped in the oral cavity or in dental fillings.

7. Breath test operator not being properly trained to conduct the tests.
8. Elevated body temperature.

There are many variables in defending a DUI arrest, and you should know that the California Supreme Court allows challenges to breathalyzer tests. The smartest thing you ought to do at this point is hire a knowledgeable and aggressive Los Angeles DUI Attorney to protect your freedom and driving record.