DUI cases are unique because ofthe legal, scientific and factual issues they present. Knowledge in the strategies that win DUI cases is important for any Los Angeles DUI Attorney to help their clients get the best oucome possible.
Sceintific Issues in DUI Cases:
At the heart of any prosectuion case for DUI is the science of alcohol and or drug impairment. The level of intoxication, the percentage of Blood Alcohol Content (BAC), the phisiological effects on a person’s ability to drive a car are all factors that play out in a DUI case.
Blood Alcohol Content (BAC):
The central piece of most DUI prosecutions is the blood or breath test showing the driver’s BAC. The laws in all 50 states have changed over the years to their present rule. The rule in California, as in most states, is a person with a BAC at or above 0.08% is guilty of DUI. A driver’s BAC is measured by either direct blood testing or through breath testing, which extrapolates (using a questionalbe technique called a “partition ratio”). In the case of breath testing, theoretically, if a person has alcohol in their circulatory system, some of it will osmos into their lungs and out of their breath during respiration.
Los Angeles DUI Attorney tactics to attack breath testing
As stated before, the “partition ratio” used in extrapolating a person’s BAC from their breath is questionable because of the variables involved. Not everyone’s lungs are the same, with important differences in the lining, mucous, and osmosis that occures in their alvoeli (the small individual sections of the lung.) Prosecutors use a “standard” partion ratio, that may be accurate in some of the population, but not for others, whose genetics and phisiology make using a “standard” a trial in errors.
Strategies used in attacking the Legal Justification for DUI arrests
Aside from scientific defenses, most DUI cases present DUI Defense attorneys with opportunity to attack police investigation and legal procedures used to arrest the driver. Was there probable cause for the stop? Did the officer properly advise the driver of his or her rights? Were proper police procedures followed? These questions are often ways for DUI attorneys to find defenses that win DUI cases. Check out out discussion of the common DUI defenses that win DUI Cases.
Useful Los Angeles DUI Attorney Links:
http://www.ndaa.org/pdf/Chalenges%20and%20Defenses%20II.pdf. Link to the National District Attorney’s Assocaition DUI defense tactics and strategies guide. Used by prosecutors, this guide describes the most common DUI defenses and is a good starting point for learning more about common DUI defense strategies.
Partition Ratio in DUI Cases: This link is a discussion of partition ratios used in DUI cases and discusses the best defense strategies that attack these ratios.