Overturning DUI Testing Results

If you are pulled over on suspicion of driving under the influence (DUI) of drugs or alcohol, you are obligated to submit to chemical testing. But, a seemingly high blood alcohol count (BAC) does not necessarily mean you’re guilty of DUI. At The Law Offices of Steven Taxman, DUI testing results are subject to close scrutiny. In the Santa Rosa, CA-area, Steven Taxman successfully defends the rights of clients accused of DUI and other serious crimes.

With decades of experience in criminal defense, Mr. Taxman thoroughly understands California DUI laws, as well as the science that can call BAC results into question. If you have been charged with DUI, contact our firm today to schedule a consultation with Steven Taxman.

A police officer holding a breathalyzer machine

About DUI Testing – Know Your Rights

Implied consent laws in California require drivers to submit to drug or alcohol testing at the request of a law enforcement official. If you refuse testing, it can cost you the loss of your driver’s license for a year or more.

It is not mandatory that you submit to roadside tests requested by police.

If you are stopped under suspicion of DUI, there is a key point that is important to understand: It is not mandatory that you submit to roadside tests requested by police.

  • You are not obligated to take a field sobriety test.
  • You are not obligated to take a roadside breath test.

While many officers ask drivers to take a preliminary breath and field sobriety test, both can yield questionable results, and you have the right to politely decline.  If you refuse these initial tests, you will likely be asked to accompany the officer to the police station or hospital, where you should be given the choice of a breath or blood test. You always have the right to speak to an attorney before you submit to testing.

Test Results and Legal Help

A BAC of .08 or higher can result in DUI charges and the immediate notice of suspension of your driver’s license. It is imperative to contact a defense attorney as soon as possible if you have been charged with DUI. A DMV hearing can be scheduled within 10 days of your arrest to protest the suspension of your license. 

There are many errors that an arresting officer can make during DUI arrest and testing, including mistakes in protocol and denial of your Constitutional rights. In addition, errors are commonly seen in test administration, specimen identification, and contamination of blood samples.

Even properly administered test results can be legally overturned.

Even properly administered test results can be legally overturned. The tests are set up for an “average” person metabolizing alcohol at an average rate, but there are many human variances, which scientific studies have confirmed. A number of health conditions, such as asthma and blood abnormalities, can affect breathalyzer and blood test results as well.

Steven Taxman’s aggressive attention to detail has resulted in dismissed or reduced charges for many clients. He is often able to negotiate favorable terms for defendants without the need for a court appearance. However, he is well prepared to stand by you and argue your case persuasively before a judge and jury as well.

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A DUI conviction can come with stiff penalties, including fines, license restrictions, and jail. Your time, reputation, and future are worth defending. Contact Steven Taxman today to schedule a consultation.

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