The State of California considers DUI a serious offense, even at the misdemeanor level. For that reason, if you’re charged with DUI, you face potential jail time, license suspension or revocation, a criminal record, DUI school, monitored substance abuse treatment, and more. To avoid or minimize the worst of these consequences, you need a vigorous and competent defense.
Defending a DUI charge is not something you want to face alone. Aaron Bortel’s knowledge of and experience with California’s DUI laws and the court’s legal procedures make him an invaluable ally in your pursuit of justice. He can guide, advise and represent you to achieve the best possible outcome in your case.
How Will Your DUI Attorney Defend Against Evidentiary Test Results?
Evidentiary tests are chemical tests administered after arrest to detect and prove the presence and level of alcohol or drugs in the breath, bloodstream or urine. Under California law, you are required to take these tests. Refusing to take them will result in a minimum one-year license suspension and may be used by the prosecution as evidence of your guilt.
By contrast, pre-arrest field sobriety tests or preliminary alcohol screening (PAS) tests are not required under California law. You have the right to refuse these tests. If you agree to these tests, they are usually used by the prosecution as evidence of probable cause for your stop and arrest.
A skilled DUI defense lawyer has many strategies for challenging evidentiary or chemical tests, field sobriety tests, and preliminary alcohol screening tests. These defenses focus on several key factors, including the lack of probable cause for the stop or arrest, procedural mistakes in administering the test, mitigating environmental or medical conditions, the subjectivity of the test, and more.
If your attorney can prove that the police lacked reasonable suspicion for your traffic stop or probable cause for your arrest, any resulting test evidence can be suppressed. However, even if reasonable suspicion and probable cause are established, there are other viable defenses against evidentiary test results, including:
- Law enforcement’s failure to properly inform you of California’s implied consent laws
- Procedural or operator errors in the administration of breathalyzer tests as outlined in Title 17 of the California Code regulating the administration of chemical tests
- Procedural mistakes in the administration of blood tests, such as errors in obtaining, handling or storing the sample (Title 17)
- Medical conditions, health conditions or disabilities that can mimic impairment or skew test results
- Rising blood alcohol content — because blood alcohol continues to increase up to an hour after drinking, your BAC at arrest might have been less than the 0.08% limit
Are you deserving of the best DUI defense possible? Aaron Bortel has a proven track record of success defending clients like you.
Handling your own DUI defense is inadvisable and impractical. You’re facing both a civil action with the Department of Motor Vehicles and a criminal case in Superior Court. Both actions require knowledge of California's complex legal procedures, in general, and DUI defense, in particular.
Aaron Bortel is among the Bay Area's most accomplished attorneys for DUI charges. You can rely on him to evaluate your case and formulate a defense strategy that will reduce or eliminate the impact your DUI has on your personal and professional life. Some of the penalties you face are time-sensitive, so the sooner you act, the better.
Contact or call the Law Firm of Aaron Bortel today at (415) 223-7290 for a free case evaluation.
