Legal Question in DUI Law in California

Re: dentures

no..there is no law per se that requires the officers to inform you. However, it is important to understand that when administering a blood/alcohol test, the officers are required to adhere to a very strict checklist of tasks that they are supposed to comply with. Failure to do so may reslut in an inaccurate reading of the blood/alcohol level and may be able to be used against the officer to show that he administered the test improperly, and therefore, the results are unreliable. Also, the fact that you do wear dentures may have caused a certain amount of alcohol to become trapped in your mouth and therefore be blown directly into the breatalyzer, thereby causing in anaccurate reading. This is a huge issue and may be one that can help you and your attorney gain an ACQUITTAL in your case.

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Re: dentures

No, there is no law that requires the officer to notify you that you can remove your dentures.

However, officers are supposed to be trained to ask questions about possible contaminants in the mouth. Failure to do so can be brought out on cross-examination to establish two things:

1. The officer did not follow proper procedures, and so his credibility is damaged.

2. The test results are probably unreliable, due to the possible presence of so-called "mouth alcohol" trapped by the dentures. (See my book "Drunk Driving Defense, 5th edition" for an explanation of this and other chemical test problems).

Lawrence Taylor Practice limited to DUI defense (Southern California) http://www.DUIcentral.com