If you’re charged with DUI in California, and you take a blood test or a breath test, typically the prosecutor will use the result of that test as evidence against you. Looked at objectively, however, that evidence may not hold up. It’s a measure of your blood alcohol content (BAC) level at the time you were tested, not at the time you were driving. If you are charged with DUI in Orange Country on the basis of a breath test or a blood test, obtain legal representation and contact an experienced Orange County DUI defense attorney as quickly as possible.
Obviously, being intoxicated at a testing location – a police station or a hospital – is not a crime. Prosecutors sometimes attempt to justify the gap between the time you were driving and the time you were tested with a concept they call “retrograde extrapolation.” A prosecutor can bring in a forensic toxicologist who claims to compute the rate at which your intoxication level rises or falls. Some observers might call this science; others might call it guessing. When your freedom and future are on the line, guessing really shouldn’t be a factor. Not all scientists accept the validity of retrograde extrapolation. Moreover, DUI blood tests and breath tests can produce unreliable results for a variety of other reasons.
If your DUI case goes to trial, a prosecutor has to prove to a jury of your peers that you are guilty beyond a reasonable doubt, and that can be hard to do if a blood or breath test is the only evidence against you. If you’ve been accused of DUI in southern California, don’t let the results of a DUI test discourage you. Call an experienced Orange County DUI defense attorney at once, and let that attorney challenge the evidence and fight for justice on your behalf.