Arrested for Refusing a Blood Test?

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DUI Breath & Blood Tests

Were you arrested for DUI after failing to complete or refusing a breath or blood test? If so, Orange County DUI Lawyer Virginia L. Landry may be able to help you. To secure a conviction for DUI (driving under the influence) in Orange County, law enforcement and the prosecuting attorney will often utilize a driver's breath or blood test results.

A breath test, blood test or sometimes a urine test may be used to determine blood alcohol concentration (BAC), the level of alcohol in your system.

If a driver is operating a vehicle while with a blood alcohol concentration of 0.08% or greater, he or she may be charged with DUI. Underage drivers may face license suspension penalties with a BAC of 0.01% or greater, and commercial drivers may face criminal charges with a BAC of .04% or greater.

Breath Test Information

A breath test is typically administered by having a driver blow into a breathalyzer device, which analyzes the sample and determines BAC. These are commonly considered less reliable than blood tests and have a number of issues that can affect results. A lawyer can bring these into question to challenge your result. For example, the machine must be calibrated every 10 days or 150 subjects, and according to state standards in order for the results to be admissible in court. If the breathalyzer device was not calibrated correctly, we may be able to use this to your advantage.

Blood Test Information

A blood test is conducted by taking a blood sample and analyzing it to determine the driver's BAC. Although more accurate than breath tests, blood tests have their faults as well and may be improperly handled, administered by an untrained professional or mishandled by error or neglect. Your attorney may be able to use this to help you avoid a conviction. Find out more about breath and blood tests and DUI by contacting our firm today.

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