DUI Defense Attorney Orange County

About Blood Testing in DUI Cases

Last updated 1 year ago

When a driver is arrested for DUI, he may be taken to a police station to undergo a blood alcohol test. The results of this test become one of the most important pieces of evidence in a DUI case, even though the test may not be entirely accurate. Read on to learn more about blood alcohol testing and its weaknesses.

Blood Alcohol Testing

Drawing blood for an alcohol test requires specific supplies and conditions. First, the person drawing the blood must be sure to swab the targeted vein with a non-alcohol swab, or he will risk contaminating the sample. Second, the blood must be drawn into a vial that already contains sodium fluoride, a preservative and anticoagulant. As blood ferments in the vial, it will spontaneously produce alcohol, but sodium fluoride works to prevent this, so the test results will be as accurate as possible. The DUI arrestee should request that a second vial of blood be drawn to send to an independent lab for testing.

Inaccuracies of Blood Alcohol Testing

Though blood testing is more accurate than urine or breath testing for alcohol, it is not foolproof. Concerns about chain of custody are common, especially when the police lab’s testing equipment and the independent test do not produce the same results. Even if the test is accurate, it can only measure the blood at the time of the arrest, not necessarily the time at which the arrestee was driving. If the preservative in the test tube has expired, the blood will ferment, causing an artificially high blood alcohol level and an inaccurate test. Each individual’s physiology can play a role in the test’s results as well. Blood alcohol testing is not a perfect procedure and is as open to human error as any other test.

For more information about building a strong defense against DUI charges, call Todd A. Landgren DUI Attorney today at (888) 738-0143. Located in Irvine, our office has a long history of securing acquittals for drivers accused of DUI, and we can put our expertise to work on your case.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Great New Client Testimonial for Todd Landgren on 4.2.2012

Last updated 1 year ago

4/2/12 on Todd Landgren Testimonials

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The Importance of Hiring a DUI Specialist for Your DUI Defense

Last updated 1 year ago

If you’ve been arrested for DUI, your first step should be to hire a defense attorney with extensive experience. Though you may be tempted to attempt to defend yourself, you need an experienced, knowledgeable attorney on your side to help you through this complex legal process. Take a look at just a few of the reasons why you should hire a DUI defense attorney as soon as possible:

Assistance during the DMV hearing: After you are arrested for DUI, you have 10 days to schedule a hearing with the Department of Motor Vehicles to protest the revocation or suspension of your license. Your attorney will know how to schedule the hearing as soon as possible so you can get your license back and return to your normal life.
Knowledge of DUI testing: Breathalyzers, field sobriety tests, and even chemical tests for alcohol are not infallible—their results may not truly reflect your alcohol consumption or level of intoxication. A DUI specialist knows all the flaws of these tests, and he will know how outside factors may have affected the results. Your blood alcohol level is one of the primary pieces of evidence against you and discrediting it goes a long way toward securing your acquittal.
Experience in court: DUI defense attorneys spend time in court on a regular basis and are familiar with the prosecutors and judges involved in DUI cases. With this familiarity, your attorney will know how to present your case to get the best possible results.
Help avoiding jail time: If you are sentenced to jail time, a skilled DUI attorney can still help you. He will craft a disposition under which you can avoid setting foot in jail or prison by suggesting alternative penalties. Because of his creativity and expertise, your attorney knows how to get the best possible outcome for you.

If you’ve been arrested for DUI in the Newport Beach area, trust Attorney Todd A. Landgren to represent you in court. Attorney Landgren will work to get you acquitted or to minimize your sentence. For information about how we can help you, call (888) 738-0143 today.

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A Guide to the California Judicial Process for DUIs

Last updated 1 year ago

When arrested for driving under the influence of drugs or alcohol, the accused begins a long legal process. To ensure the best possible outcome, you should be aware of the steps involved in the judicial process and hire an experienced DUI defense attorney. If you are ever arrested for DUI, here are the steps you can expect:

Arrest and Release

If a police officer believes that a driver is intoxicated, he or she will be taken to the police station, undergo a blood alcohol test, and be fingerprinted, searched, and placed in a cell. Once bail is set, the arrestee can call a friend, family member, or bondsman to discuss arranging for bail to be posted.

Arraignment

At the arraignment, or the arrestee’s first appearance in court, he and his attorney will appear in court, hear the charges against him, and enter a plea. The judge will set a date for the trial. It is to the defendant’s benefit to have an attorney for this step, and all others, instead of taking on the difficult task of representing himself.

Pre-trial Hearing and Motions

Before the trial, you and your attorney will meet with the judge and prosecutor on several occasions to discuss evidence and any judicial motions that need to be entered, such as a motion to suppress the results of your blood test if it was improperly conducted. In these hearings, the prosecutor may also suggest a plea bargain. If you cannot reach an agreement, your case will go to court.

Trial

Most DUI cases are resolved without going to court, but it is your right to choose a trial in front of a jury of your peers. During the trial, your lawyer and the prosecutor will each present evidence and witnesses to prove their arguments. When arguments are concluded, a jury will decide the verdict.

Before going to trial, call Todd A. Landgren DUI Attorney. You need an experienced DUI attorney with a track record of success in court to help you get the verdict or plea bargain you deserve. Call (888) 738-0143 to schedule a consultation in our Orange County office.

Disclaimer:

Drunk Driving and the Consequences

Last updated 1 year ago

If you have recently been convicted of a DUI or DWI, it's important to know the legal facts and ramifications that will be surrounding your case. Browse through the resources below to learn more and contact Todd Landgren for representation in Orange County, Newport Beach, and Huntington Beach.

You don’t have to be driving a car to be charged with DUI. Actor Mickey Rourke was arrested while riding a Vespa.
Find out more about California background checks on this website.
Legal Lad explains what separates a felony from a misdemeanor.
The California DUI Lawyers Association can tell you what to do after a DUI arrest.
Read Kiefer Sutherland’s reaction to his DUI arrest.