Criminal Defense in Orange County
Understanding Blood Alcohol Content

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 processed incorrectly.

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 DUI.

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:

  • Height
  • Weight
  • Gender
  • Health
  • Diet

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 35 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.

Call today for a free evaluation of your case and a personalized consultation!


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