San Dimas Suspected DUI Attorney
Presumed DUI Representation in Southern California
.08 Percent or Higher Blood Alcohol Content
In California, you can be arrested for a DUI if you have a blood alcohol content level (BAC) of .08 or higher, even if you are not exhibiting any visible signs of intoxication or impairment. This kind of DUI arrested is labeled a "presumed DUI" or "suspected DUI" because the law presumes that having a BAC of .08 or higher will automatically limit your ability to drive safely.
If you have been given a blood test that reads above .08 BAC, there may still be a defense. There are three major problems with BAC tests that can affect your arrest:
- There is an inherent range of error that always exists in blood tests and this error can sometimes be the difference between getting a presumed DUI or not.
- The equipment used in blood tests may be faulty, miscalibrated, or may be improperly administered by the police, which could result in erroneous readings.
- Alcohol takes a substantial period of time to absorb into a person's bloodstream. Therefore, when a person is tested, the BAC may be higher than when that person was driving. The law states that the BAC at the time of driving is to be counted in determining a suspected DUI, not the BAC at the time of the test.
How Is Blood Alcohol Content (BAC) Measured?
You may be arrested for a presumed or suspected DUI after a blood, breath or urine test has resulted in a BAC of .08 or greater. The amount of alcohol in a person's body is measured by the weight of alcohol in a certain volume of blood. This is referred to as the blood alcohol content. For a BAC of .08, that means that alcohol makes up less than one-tenth of 1 percent of a person's blood.
Do not let yourself be convicted of a presumed or suspected DUI without contacting an experienced lawyer to examine your situation. If mistakes have been made during the arrest or during BAC testing, we can catch them and protect your rights. With the right attorney, the law can be on your side.
Contact Us
Contact the Law Offices of Paul E. Antill in San Dimas, California, and get started with your DUI defense. Call 1.888.LAW.5255 (888.529.5255). We accept Visa, MasterCard, Discover and American Express.
