Anyone arrested for driving under the influence (DUI) in California can be subjected to a blood alcohol concentration (BAC) test. The quickest and easiest method is a breath test, using a device commonly known as a breathalyzer.
According to the California vehicle code, driving in the state implies consent to taking a blood or breath test for BAC upon lawful arrest for DUI. Failure to consent can result in more severe punishment if convicted of DUI, including fines, jail, lengthy alcohol programs, and extended loss of driving privileges.
BAC accounts for individual differences
BAC is used as a measure of impairment because it compensates for factors such as body mass and metabolism rate. The theory is that the suspect is not being evaluated for how much alcohol has been consumed, but for the level of impairment that has resulted. California, like many states has adopted 0.08 percent BAC as indicating impairment.
The breath test, unlike the blood test, is not an exact test of BAC. It is an estimate. Since alcohol is very volatile and spreads through the body, BAC measurements from the breath and the blood oftentimes very. The potential difference is often the basis for defense against a DUI charge.
Breath test uses electrochemical reactions
While many experts and DUI defense attorneys still question its accuracy, the breath test is certainly preferable for those who do not like to be poked. The suspect simply breathes into a tube attached to an electrical measurement device. Electrochemical reactions inside the device provide the BAC reading.
If you've been charged with DUI, you need to contact an experienced attorney right away. The penalties can be quite severe, including jail, increase or cancellation of auto insurance, loss of reputation, and loss of driving privileges, all of which may lead to loss of income. Your attorney will take advantage of every legal right you have as a defendant, and if you're convicted, help ensure that you will get the appropriate consideration to avoid excessive punishment.
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