Rodney's Blog

When a driver is caught driving in California with a blood alcohol level higher than a .08%, that driver may be charged with a misdemeanor DUI. Law enforcement officials may neglect a few crucial rights of the accused in this situation. Among those rights is the chance to request a separate blood test for private testing following a DUI arrest.

When a driver is taken to the police station for a breath test, he or she is not required by law to provide one. However if that person refuses, there may be legal consequences, and he or she can still be charged. This is termed the “implied consent” of the driver; implied consent means that all drivers consent to a chemical test simply by operating a vehicle in California.

Breath tests cannot be saved and used during a hearing. They are often unreliable. This does not mean a person may register a .1% if he has not been drinking. It may mean, though, that a person can register a .08% when the actual blood alcohol count is .07% – a crucial difference. An independent blood sample may provide additional defense against the accusation, or it may verify the results of the breath test.

In any case, an accused has the right to present a separate blood sample to his or her defense attorney in Los Angeles. The defense attorney will work to assure there is an accurate, independent blood test. Because the DUI attorney will not likely be present during the arrest, the burden of requesting the blood sample typically falls on the accused. It is up to the driver to ensure the right to an independent blood sample is offered while being held for suspicion of DUI.

If you, or a loved one has been charged with a criminal offense, please contact the Law Offices of Rodney Nosratabadi for a free consultation at (714) 955-8365.