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Blood Alcohol Concentration

Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol present in a person’s blood stream. A person’s BAC can be determined through the administration of a breath, blood, or urine test.

BAC & DUI Arrest

When a person is stopped for DUI, he/she will be asked to submit to a breath alcohol test by law enforcement. The person has the right to refuse to consent to the test. However, refusal to submit to the initial breath alcohol test may lead to additional legal consequences if the person is convicted of DUI. If the person consents to the breath alcohol test, and his/her BAC is 0.08% or higher, he/she will be placed under arrest for driving under the influence. In the state of California, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher. You can be charged if yoiur level is as low as .05% BAC.

BAC & License Suspension

If the person’s BAC is 0.08% or greater, his/her driver’s license will be confiscated by law enforcement, and he/she will be given a temporary driver’s permit. This permit will allow the person to drive for up to 30 days. After the 30 day period, the person’s driving privileges will be automatically suspended. To avoid suspension, the person must schedule a hearing with the DMV within 10 days of his/her arrest to contest the suspension. If you are working with our office, we will handle this for you.

Inaccurate Blood Alcohol Test Results

Most people are under the impression that blood alcohol tests are 100% accurate, but this is not true. In many cases, it has been discovered that the person’s reported BAC was inaccurate.

Inaccuracy can stem from many things, including:

  • Defective test equipment
  • Improper test administration
  • Unlicensed or uncertified person administering the test
  • Police radio interference
  • The person ate before the test
  • The person used mouthwash
  • The person hiccupped or vomited
  • The person wears dentures
  • Inaccurate breath temperature of the machine

Talk to Our Orange County & Irvine DUI Defense Attorneys

If you have been charged with DUI in Orange County, Irvine, or surrounding counties, you need to consult with a skilled DUI defense attorney immediately. The Law Offices of Virginia L. Landry has been representing clients charged with DUI in Orange County and Irvine for years. Attorney Virginia L. Landry knows that DUI charges demand prompt attention and that each DUI case should be carefully evaluated by an experienced lawyer. When it comes to successfully fighting your DUI charges, having a reputable DUI lawyer on your side is crucial. At the Law Offices of Virginia L. Landry, clients receive the thoughtful legal counsel and aggressive defense they need to contest their charges.

Call today at (949) 537-2202 or fill out the online case evaluation to learn how Attorney Virginia Landry could fight in your defense.

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Reasons to Choose Us

When Your Future Is On the Line, You Need
a Qualified Attorney to Represent You.
  • Rated a "Top DUI Attorney" and Board Certified in DUI Defense

  • Achieved a Perfect 10 out of 10 Superb Rating on Avvo

  • Past President of the West Orange County Bar Association

  • Certified as a Standardized Field Sobriety Test Instructor

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Read How We Have Protected Our Clients' Futures & Rights
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    Past Client

  • “I recommend everyone who needs an attorney to come here.”


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  • “What can I say? Virginia and her team are the very best there is.”


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    Past Client

  • “Choosing you and your firm as my partner to go through this ordeal was a Godsend.”


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    Past Client

  • “I truly appreciate all the hard work and correspondence you and your staff has provided.”


  • “She is great! I could have not picked a better attorney office to serve.”


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  • “I will confidently be able to say I can recommend a firm that will take care of them and it will the Law Offices of Virginia Landry!”


  • “I'm really pleased with the outcome, especially the recent DMV decision.”