Saturday, November 26, 2011

San Diego DUI Attorneys will tell you that prosecuting lawyers regularly pursue drunk driving cases in situations with a .07% or less alcohol reading

Blowing a .07% at jail or the station does not mean you will not be charged with a California DUI or Driving with .08% BAC. San Diego DUI Attorneys will tell you that prosecuting lawyers regularly pursue drunk driving cases in situations when one's alcohol level is .07% or less, based on a blood test or breath test administered later.

Many times, a person blows in the hand-held gadget in the field earlier (closer in time to driving). That result could be .10%, .11%, .09% or .08%, for example. That could mean your BAC was higher earlier (closer in time to driving).

Other times a person's driving, signs of impairment, symptoms of intoxication and/or performance on DUI field sobriety testing trigger a California DUI charge.

The bottom line is what was your true BAC at the time of Driving, not the time of Testing (done some time after the Driving)?

You may were either in the post-absorptive stage or in the absorbing stage, so it makes a difference. The prosecuting attorney should not assume. The prosecutor's expert should not assume. Your San Diego California DUI lawyer can compare the results with the tests and the factors to assist you.

For further, in-depth DUI defense information on this subject, please review these attorney articles:

Retrograde Extrapolation

Avvo Attorney Article on Arrested for California DUI with .07% or less BAC