CA DUI, probable cause & blood retest

Getting a lawyer to help you will answer all your questions - you need hearings after motions are filed to address your concerns. Get a DUI attorney w/ experience - see http://www.california-dui-lawyers.org

Good luck on your case,
Joshua Dale,
www.joshdale.com

1. Any traffic violation is probable cause to stop. Unfortunately if the officer is not telling the truth, it is your word against his. You must challenge the issue of lack of probable cause by fling a motion and arguing the facts in court. The officer can be subpoenaed to testify and a skillful defense attorney may prove he is lying or at least lacks credibility. The fact that he cited 4 stop sign violations before stopping you is, in and of itself, highly suspect.
2. Absolutely you can, and should, challenge your blood test result. You want to make sure there is a valid "chain of custody" and challenge whether the blood was properly preserved. Sometimes fermentation occurs and causes a higher reading of ones true BAC. However, even if you prove your BAC was under .08%, you still must prove that you were not "impaired" by alcohol. Often the prosecutor will charge you of 1) driving with a BAC of .08 or greater AND 2) driving while impaired. Under the second charge, the prosecutor must show impairment, which, for some people, may exist well below the .08% level.

Hope that helps.
Best regards,
Debra S. White

This case is certainly fightable. But I think in balance, he will be found to have had probable cause to pull you over. Even crossing a dashed line can be probably cause, just as is weaving within your own lane. Changing lanes is not suspect, but veering over the dashed line and back into your lane is a valid sign of impaired driving. A toxicology expert can help with the borderline B.A. reading, depending on what you told the officer about what you drank and when. He might be able to prove that your blood alcohol level was below .08 when you were driving, but that it rose after your arrest. Good luck.

There is a 10% margin of error on a blood test. The lab is usually comparing two numbers to get an average that they report. Blood can also be re-tested by someone other than the D.A.'s lab.

There are a lot of issues in a .08 Blood case and you should hire an experienced DUI lawyer to defend this case in Court and at DMV. That attorney can give you your best answers once he/she reviews the discovery and goes over your account of the stop in detail. This sounds like a good case for a motion regarding the stop, but again, let the experienced DUI attorney who reviews everything answer that question.

Aaron Bortel, Esq.