Monthly Archives - December 2012

Chemical DUI Testing in San Jose CA

One of the most common methods used across the country to try and prove someone was drinking and driving is a breathalyzer test. A California officer may ask you to take one after he performs a series of field sobriety tests. If the breathalyzer registers your Blood Alcohol Concentration at .08% or higher, then you are considered above the legal alcohol limit and can be charged with a DUI. What your San Jose DUI attorney might question in court is if this breathalyzer test was accurate or not.

There are several things that experts have pointed out in recent years that can call question into the accuracy of breathalyzer testing and there are some recommendations that the results should not be used alone when trying to prosecute a DUI case. Several factors based on physiology can possibly skew the results of a breathalyzer test, including the difference in how both the male and female bodies metabolize alcohol. So, what may read as a .08% or higher on a breathalyzer test may not be an actual reflection of the concentration of alcohol in the blood. Whether you were legally drunk or not is something a DUI lawyer in San Diego can use in your defense.

One might think an actual blood test may be completely accurate in projecting if someone is too intoxicated to drive, but even their accuracy have been called into question. The amount of alcohol in the blood may not reflect the amount of alcohol that has gone to the brain. And it is the alcohol in the brain that can affect someone’s capacity to drive a car. That is why field sobriety tests are also necessary to determine if someone was too impaired to be driving.

While field sobriety tests alone are not proof of drunk driving, they are indicators. The two most accurate field sobriety tests are said to be walking a straight line and then turning, and following a pencil with your eye that an officer is holding. Other tests like reciting the alphabet and touching your finger to your nose are not considered by experts to be as reliable.

Your San Jose DUI lawyer will investigate to see if everything was done according to procedure because if there was any discrepancy, this can enhance your defense. There are several methods a DUI lawyer can use when trying to win an acquittal in a DUI case. Their knowledge and experience with California DUI laws can be your best defense, so call a DUI lawyer in San Jose today for the defense you need.