DUI Lawyer Serving San Diego, CA

Blood Alcohol Science

The primary way law enforcement determines whether a driver is intoxicated is through the use of a breath test or blood test to determine his or her blood alcohol concentration (BAC) - the concentration of alcohol in the driver's system. A driver is considered unlawfully intoxicated if he or she has a BAC of .08% or greater. In California, it is also unlawful for a driver under the age of 21 to operate a motor vehicle with a BAC of .01% or greater and for a commercial driver to have a BAC of .04% or greater.

When a driver is arrested for suspected DUI (driving under the influence) law enforcement will request for him or her to undergo a chemical test to determine his or her BAC. The driver is most often given the choice between a breath test and a blood test. Based upon the results of this chemical test and field sobriety tests, if any, law enforcement and the prosecuting attorney will determine whether there is enough evidence to charge the driver with DUI. It is important to note that a driver may also face DUI charges without a failed breath or blood test, based upon field sobriety test performance, driving behavior and the officer's observations alone.

San Diego DUI Attorney

Even if you took a breath test or blood test and showed a result that was over the legal limit, there are still ways that a competent San Diego DUI attorney can defend you against a conviction. There is controversy about how blood alcohol concentration testing is done in the first place, due to drivers' varying reactions to alcohol. A person's metabolism, age, weight, gender, diet, physical ailment or any of a number of other factors can influence a result on either a breath test or blood test. A .08% BAC on one person may cause serious impairment but on another can leave him or her functioning normally. An attorney can challenge the way in which tests were administered or can bring a particular physical condition to light that may have influenced a driver's result on a test.

Contact Superior Law Center today to learn how an experienced San Diego DUI lawyer can challenge your blood or breath test result and criminal charges.