Understanding Blood Alcohol Content
Anaheim DUI Attorney
If you were arrested for drunk driving, one of the key pieces of evidence
against you is likely your blood alcohol concentration (BAC) at the time
of arrest. Police officers are required to follow standard protocol in
the administration of BAC field tests in order to ensure their accuracy.
Furthermore, the lab results may not always be reliable or may have been
At The Law Office of Barney B. Gibbs, our Anaheim DUI defense attorney
can thoroughly investigate your case to find any indication that your
BAC was illegitimately measured. We have more than 30 years of experience in
criminal defense, so we know what it takes to win cases. Our experience in the local courts
has given us an advantageous insight into judges and prosecutors that
has helped us see more than 1,100 case dismissals.
Blood Alcohol Concentration Laws
Blood alcohol concentration (BAC) is the measurement of your alcohol to
blood ratio. Just over a decade ago, the federal government set the national
legal BAC limit at .08 percent. This means that if you are pulled over
and asked to submit to a field sobriety test and measure a percentage
that is over the legal limit, you can be arrested and charged with
Vehicle Code § 23152 (b):
It is unlawful for a person who has 0.08 percent or more, by weight, of
alcohol in his or her blood to drive a vehicle.
In May 2013, the National Transportation Safety Board (NTSB) proposed changes
to national and state blood alcohol concentration limits. The last limit
saw a dramatic decrease in the number of annual alcohol-related crashes
and fatalities. Now the NTSB is stating that the limit should be reduced
to .05 percent BAC. Other countries have already begun implementing this
lower standard for drunk driving, and many believe that it would help
further reduce drunk driving injuries and fatalities.
The Accuracy of Field Sobriety Tests
There are many defenses against BAC evidence that mostly surround the controversial
accuracy of field sobriety tests. For one, many breath testing devices
have a high margin of error. If you blew a .09 percent BAC on a
breath test and the margin of error is greater than one tenth of a percent, this may
be enough cause for doubt that you were legally intoxicated at the time
of your arrest.
It is also widely known that outside factors can affect the outcome of
chemical tests and reduce their effectiveness. BAC is not always a legitimate
indication of whether or not an individual was under the influence of
alcohol as everyone reacts to it differently. Our DUI defense lawyers
know this and can use this information to ensure that you were not wrongfully
accused of a DUI.
Factors that can affect an individual's BAC include:
Additionally, some testing devices are known to be defective. Our firm
can do the background research into the devices used in your case to determine
their efficiency. Finally, there are also procedural errors that can occur
to compromise the accuracy of test results. Law enforcement officials
are trained in operation of these devices, but if they do so improperly,
then this can affect the outcome of the test. police do not follow proper
procedure, this can affect the outcome of the test, and our firm can use
this to fight to get your case dismissed.
Enlisting an Aggressive and Experienced Advocate
If you have been arrested and charged with drunk driving in Orange County
on the basis of DUI breath, blood or chemical test results, get in touch
with a DUI lawyer from The Law Office of Barney B. Gibbs. This firm is
led by an attorney with over 30 years of experience in the local criminal
justice system. You can trust the firm's knowledge and experience
to go to work for you after a drunk driving arrest. Whether this is your
first DUI or you desperately want to avoid a subsequent DUI conviction,
we are here to help.
for a free
of your case and a personalized consultation!