section 23152 (b) states:
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
Unfortunately, some attorneys will stop asking questions once they are told the BAC was over .08 and start thinking about a potential deal with the District Attorney. In some situations, it is appropriate to focus on the best potential plea deal. However, obtaining all facts is absolutely crucial to a strong defense and strategic plan to fight your DUI.
For example, a very under utilized test is an EtG test. An EtG test can be run up to seventy-two (72) hours after your arrest to see the BAC. EtG Testing, or Ethylglucuronide Testing, is used to test alcohol consumption. This test will not produce an exact blood alcohol level at a certain time or day, but it will indicate an approximate level of blood in your system at a given time due to the passage of time and Ethylglucuronide present in your system at the time. This test is not 100% correct, but a potential defensive tool to be used either when speaking to the District Attorney or at trial in front of a jury.
For any questions concerning a DUI case, feel free to contact Bristol & Haynes, APLC
for a free consultation at (909) 466-5575.
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