Legal Question in Criminal Law in California

Felony DUI

Can the B.A.C level be challanged in court, My spouse

was arrested for 4th D.U.I and

he submitted a blood test of .10 what is the accuracy of this test?


Asked on 9/18/06, 10:34 pm

5 Answers from Attorneys

Samuel Lovely Law Office of Samuel Lovely

Re: Felony DUI

The BAC level most definitely can be and most often is challenged in court. The type of challenge depends on which test was used to measure BAC, like Blood Test/Breathalyzer/Urine. Blood test is easier to challenge since most often labs do not follow proper procedure for taking and keeping sample. A fourth DUI carries a severe punishment such as 180 days in jail minimum, $2,000 fine, 4 year suspension of license, 30 months of alcohol awareness program, and an ignition interlock device. This is a situation which requires the help of an attorney.

We offer a free consultation and our rates are very reasonable.

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Answered on 9/19/06, 11:53 pm
Joshua Hale Hale Law Group

Re: Felony DUI

Yes, the alcohol level can be challenged, although winning depends largely on an expert opinion. I just finished handling a DUI. I would be happy to talk to you about this problem.

Please call me at 619. 793. 5091, if calling past 7pm, or 619. 298. 1969 during business hours.

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Answered on 9/18/06, 10:39 pm
Daniel J. Mangan III JuryTrialJustice

Re: Felony DUI

As a 4th DUI can be very painful, legal advise is a necessity.

Challenges to the reliability of the test, the phlebotomist/nurse, the apparatus, sstorage, the operator,the timelines, chain of custody,etc.. are available but, as there are so many variables, including one's own physiology, these must be professionally mounted by an atorney.

My practice is limited to Homicide defense only.

DJM

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Answered on 9/18/06, 10:47 pm
Terry A. Nelson Nelson & Lawless

Re: Felony DUI

Sure it can be disputed - by your retained experts and attorney through appropriate motions and testimony. The facts and evidence will determine how much chance you have in succeeding, and you have to take various steps to obtain and preserve your right to bring such motions. Hire counsel immediately to minimize his likelihood of extended jail time. Feel free to contact me if interested in doing this right.

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Answered on 9/19/06, 2:09 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Felony DUI

There are other ways to beat it. Call me directly at 16192223504.

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Answered on 9/19/06, 2:54 pm


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