Tag: dui trial

DUI Blood test or Breathalyzer in CA? Which Should I Take?

Blood Test or Breathalyzer: Which Test Makes It Easier To Fight Your DUI? I used to say that it didn’t matter which test you took because both of the tests were subject to attacks. These attacks are based on scientific problems with the tests themselves. As a result of the decision of the California Supreme […]

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DUI: The “D” Stands for Driving

The Prosecutor Must Prove Driving In Your DUI Case. In California, the “D” in Driving Under the Influence stands for driving. Some states allow conviction for DUI if you are operating or in control of the vehicle. In California, a DUI requires some ‘volitional movement of the vehicle’. Do the cops need to see you driving […]

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Breath Tests Are Inaccurate.

I have been saying this for years, as has anyone who works in the system. Now the NY Times has written an expose on the intrinsic problems, software and hardware, with breath testing machines. The full article is here.  The study was done in conjunction with the FX show The Weekly and was broadcast 11/3 […]

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Fermentation in CA DUI Blood Test Samples:

Problems With the CA DUI Blood Test: Fermentation and Contamination. Fermentation The first problem with blood testing for alcohol is that it’s impossible to tell how much alcohol was created by later fermentation of the sugars in blood by microorganisms. In other words, the microorganisms naturally present in the blood begin to produce alcohol in […]

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DUI Interview With Mark Rosenfeld

DUI Interview With Mark Rosenfeld (Mr. DUILA) THE CHALLENGES OF DEFENDING SOMEONE ACCUSED OF DUI AND DOING IT RIGHT Here is the DUI interview I did with DUI attorney Mark Rosenfeld, Mr. DUI LA. It includes us talking about the challenges of DUI Defense and going through a recent DUI trial victory of mine. In the […]

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What Does A Plea to Wet Reckless Mean in California?

In California, you face a lesser punishment for pleading to Wet Reckless than to a DUI conviction. While a DUI carries a Mandatory 3 month Alcohol class, Wet Reckless a 12 hour class. There are usually lower fines for a Wet Reckless. It does not have the same insurance consequences. A Wet Reckless doesn’t result […]

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How the CA DUI Blood Test Works.

As part of the California Implied Consent Law, a person arrested for DUI is given the option of taking a breath or a blood test. For reasons I discuss elsewhere, blood testing is now my recommended choice. Remember: unless you are under 21 or on DUI probation you are free to refuse the handheld Breathalyzer given […]

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