Recently in DUI Defense - Blood Tests Category

Dina Taurasi, a basketball star for the WNBA's Phoenix Mercury, was cited for driving under the influence of alcohol on Thursday of last week in the early morning hours.  Phoenix police initially pulled Taurasi over for speeding, but when the officer approached Taurasi's car, he or she smelled alcohol.  Taurasi was given several field sobriety tests, then driven to a mobile DUI van where she gave a blood sample.  Taurasi was cited by police then released.  Phoenix authorities have not released her blood sample results, and WNBA officials have not yet commented on the case. 

While Phoenix law may differ somewhat, Los Angeles laws regarding driving under the influence of either drugs or alcohol are quite stringent.  Los Angeles law enforcement agencies vigorously prosecute DUI cases and penalties for a driving under the influence conviction get more severe with every case.  In general, for a first offense with no prior criminal history, a DUI conviction might garner probation and a suspension of driving privileges.  Other factors such as speeding or how much higher your blood alcohol concentration is than the .08% legal limit might increase the penalties.  Having a prior history of driving under the influence convictions virtually ensures a jail sentence of some length, as well as court-ordered alcohol counseling.  Each DUI case is different, though and each sentence is based on a number of individual factors.  While the majority of driving under the influence cases in Los Angeles are classified as misdemeanor offenses, multiple prior driving under the influence convictions, having a blood alcohol concentration of more than .20% or the injury of another person while driving under the influence could potentially bump your case up to a felony classification, making jail time a much more likely outcome.  Your defense options, however, are not as limited as you might believe.  Field sobriety tests are not always as accurate an indicator of a driver's sobriety as Los Angeles law enforcement would have you believe.  Breath analysis has likewise been proven time and again as an unreliable method of determining a person's blood alcohol concentration. 

If you have been cited with driving under the influence of either drugs or alcohol in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our combined 50 years of experience in defending against DUI charges will fight for you. 

Los Angeles DUI defense attorneys often face an uphill battle when defending clients against DUI charges, especially when DUI blood tests are involved.  A DUI blood test can be inaccurate and cause a variety of problems, something most Los Angeles DUI defense attorneys understand.
Several months ago, the San Diego Chargers' wide receiver Vincent Jackson was arrested by the California Highway Patrol under suspicion that he was driving under the influence. The officers allegedly saw him drive erratically. Officers first tried to administer a breathalyzer test, but Jackson was administered the blood test after the officer's breathalyzer test didn't work. Police said he failed the sobriety test. Jackson also has a previous DUI charge from 2006. He has pleaded not guilty to the current DUI charges.
During a Los Angeles DUI blood test, a sample of blood is taken from the driver, which can measure the amount of alcohol in his or her blood. This type of test can identify traces of any substance ingested, and is purported to be very accurate. They are usually more accurate than breathalyzers. However, errors can be made in transportation, storage, and administration of the DUI blood test.
You can refuse to take Field Sobriety Tests and Preliminary Alcohol Screening tests that happen before an arrest. However, if you are arrested, you shouldn't refuse the chemical test you are asked to take after your arrest. If you refuse this test, consequences can be more severe than if you cooperate.
When taking a chemical test, your options are to either take a breath alcohol test or a blood test. There are pros and cons to each test. The breath test is less accurate, which could result in a false reading on your blood alcohol content. Also, since the officer knows your blood alcohol content right away, his report can be written to fit the results of the breath test. However, because of the breath test's lack of reliability, it is also more contestable in court, and can sometimes be dismissed.
In general, DUI blood tests are considered more accurate. The results of the test are not immediate, so the arresting officer must complete his report before he knows your blood alcohol content, so the report cannot be tailored to fit the results of the test. However, if your blood alcohol level is actually high, the blood test is more likely to get an accurate reading of your blood alcohol content, making the results difficult to refute.
If you, like Vincent Jackson, have taken a DUI blood test, you should have the help of an experienced DUI attorney. Contact the lawyers of Kestenbaum, Eisner & Gorin LLP to support and defend you from the charges you are facing.

In a recent article in the Wall Street Journal, the poor use and poor understanding of blood alcohol content was exposed for being a sham.  "It [blood alcohol content] is...poorly understood even by the most sober minds...complicating matters, people's alcohol-metabolism varies, as does the relationship between their breath alcohol - which is usually measured - and their blood alcohol," wrote the WSJ reporter.
For years, Los Angeles DUI defense attorneys have tried to expose the inaccurate links between breath-alcohol content and blood-alcohol content.  However, courts, prosecutors, MADD and other groups are unwilling to recognize the truth.  Breath-alcohol content can be altered by various factors, many of which have nothing to do with beer or wine.  In fact, it has been proven that breath-alcohol and blood-alcohol content don't always have anything to do with each other.  
Despite all of this, police and California highway patrol continue to arrest people for DUI throughout Los Angeles.
Blood-alcohol content in California must be below .08% while driving, otherwise you are guilty of a DUI.  However, blood-alcohol content (or BAC) can have completely different affects on people due to their weight, height, recent meals or other factors.  
Our skilled DUI attorneys at Kestenbaum Eisner & Gorin LLP are aware of all of the issues affecting the validity of your blood test, and will identify them before litigating your case in court. We have obtained the dismissal and reduction of DUI charges throughout Southern California because we pursue an aggressive courtroom defense. We are available 24/7 for an immediate consultation.