In a Los Angeles DUI case, the prosecution must show that your blood alcohol concentration was at or above the legal limit at the time of driving, not necessarily at the time of testing. This can be difficult for the prosecution to prove, especially if the breath test is administered a substantial amount of time after the arrest. Issues arise when your blood alcohol content (known as “BAC”) at the time of driving was substantially below that which the chemical breath or blood test at the police station or jail indicates.
California DUI law is concerned with whether your blood alcohol level was above the legal limit at the time of driving. A chemical test taken after you were arrested is only circumstantial evidence that must be related back to the time of driving. Depending upon when you finished drinking, when you ate, what you ate, your own unique physiology, etc., your blood alcohol level could have been below the legal limit at the time of driving.
If you or a loved one have been accused or charged with drunk driving, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced Los Angeles criminal defense attorney about your case.