California DUI Resources
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The DUI Man saved my life! Thank you Mr. Bialys for all you did, I am eternally grateful! W.M.
I got my 2nd DUI in Los Angeles, and was scared out of my mind. Out of everyone I spoke with, the DUI Man was the most knowledgeable and sincere lawyer I spoke with. He got my charges reduced to a wet reckless, and saved my drivers license and my job! Thank you Michael!! S.Y.
I was very scared after getting my first DUI in October, but the DUI Man took care of everything from start to finish, and got my charges dismissed! No clue what I would have done without him, I will refer him to anyone I know that gets a DUI". F.D.
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Chemical Tests for DUI: Blood, Breath and UrineOnce someone is lawfully placed under arrest for driving under the influence of alcohol or drugs, they are told that they have a choice of chemical tests that they must take. According to California's "implied consent law", the person arrested has a choice of taking a blood or breath test if the arrest is alcohol related, or taking a blood or urine test if the arrest is drug related. REMEMBER, BEFORE YOU ARE PLACED UNDER ARREST, YOU DO NOT HAVE TO TAKE THE BREATH TEST ON THE SIDE OF THE ROAD. It is only when you are arrested that the "implied consent" law comes into effect, at which point you have your choice of either a blood or breath test to be given at the police station. There is no right to consult with a DUI lawyer prior to taking the chemical test.
A good California DUI lawyer will make sure that the chemical test was properly done, and if not, will use that to try and prevent his client from getting a DUI. Title 17 of the California Code of Regulations sets out the requirements for proper chemical testing in California. When these standards are violated or ignored, the result of the test is unreliable, and should not be the basis of a DUI conviction or a DMV license suspension.
When the accused refuses to take a blood, breath, or urine test, this refusal can be used as evidence that the accused knew they were drunk, or "conscious of their guilt." This may lead to increased penalties in a criminal court case. The DMV will also use this refusal to lengthen the period of time that they suspend or revoke the driver's license.
But remember these tests have limitations, and are prone to human error. Many cases that seem insurmountable can be defended based on problems with the chemical test. As a premier Los Angeles DUI defense lawyer, I know the ins and outs of California DUI law and can help you to make the right decisions regarding your case.