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Piedmont DUI Attorney

Can You Prevail in an Impaired Driving Case in California?

It’s common for the accused to believe they can’t win a DUI in Piedmont or anywhere in California. The majority of people who assume this are wrong. In almost all DUI cases, it’s preferable to examine, investigate, question and possibly litigate your impaired driving case before or instead of pleading guilty. Ask yourself the following questions:

–Is it true that many substances, chronic health conditions, and equipment issues can cause false high readings on DUI breath tests?

–Breath tests can produce elevated alcohol readings and return inaccurate BAC levels. When a blood test is performed by the police lab, why does a second test from an independent laboratory sometimes yield different results?

–Why are the driver’s blood samples are sometimes contaminated?

–Why are so few DUI roadside investigations conducted per a standard set of procedures?

These and other factors can help an experienced driving under the influence lawyer serving Piedmont to offer an exceptional criminal defense. In the next section, we discuss how an experienced defense lawyer aims to defeat your criminal charges.

What Substances and Medical Conditions Can Cause False Readings?

Breathalyzer units are used by law enforcement officers to perform field sobriety tests when drivers are suspected of DUI. Some units are portable while others are stationary. Alcoscan, Alcosensor, BAC Datamaster, and Intoxilyzer are some popular breath test brand names.

All Breathalyzers work in the same way:

–First, they capture the driver’s breath sample.

–Second, the device measures alcohol breath content.

–In contrast, chemical tests directly measure the driver’s blood alcohol.

–Breath test devices only estimate the driver’s BAC.

Chemical alcohol blood tests also measure the driver’s BAC, but they’re expensive and intrusive. Blood must be drawn from the driver’s body.

Breath test machines are commonly used by law enforcement. These devices are used to make a DUI arrest in California. Prosecutors also rely on breath tests as their basis for making DUI convictions. Legal advice from a DUI attorney serving Piedmont is crucial. Don’t enter a guilty plea on a drunk driving case without our DUI lawyers’ legal advice.

Many external factors directly impact breath test accuracy. Errors are common. Some research reports that up to 25 percent of drivers tested in this way receive inaccurate and falsely elevated results. These test results often determine whether the driver receives a DUI conviction. In California, the degree of the DUI penalties often corresponds to the breath test result. False and misleading breath and chemical tests are deeply concerning to your Piedmont DUI lawyer.

Other Factors

Here are some of the other factors that may affect your drunk driving charges in California:

The driver suffers from gastroesophageal reflect disease (GERD). This medical condition may directly skew your blood alcohol content test results, creating a test reading error or false positive.

If you’re charged with a DUI, it’s important to know something about how these tests work. Breath tests are intended to measure the driver’s alcohol content in the lungs’ lining. If the driver suffers from GERD, alcohol may move from the gastrointestinal tract to the throat. For that reason, the person with GERD may show a higher, inaccurate BAC result on a breath test. Drivers without GERD who’ve recently eaten spicy or greasy food may experience acid reflux. The acid in the mouth or breath can produce a false positive test. These reasons and others show how GERD or acid reflex can serve as a DUI defense if the arresting officer used a breath test to allege drunk driving charges.

Breath Testing Results: Other Compounds or Chemicals

Breath tests don’t directly measure the number of alcoholic beverages the driver consumed. It measures methyl chemical compounds that the tests assume are ethyl alcohol. Unfortunately, the chemical structure of the methyl group contains up to 80 unique chemicals.

This is another reason the Breathalyzer test may cause a false positive reading. Chemical compounds in the driver’s breath may be present after performing activities, e.g. (1) inhaling propane, oil-based paint, varnish, or gasoline; (2) living with a chronic health condition like diabetes, e.g. acetone production, or consuming ketone diets, i.e. low-carb diets; (3) producing mouth alcohol after belching or burping, wearing dentures, or suffering from periodontal disease; (4) vomiting; (5) using certain types of mouthwash, including Listerine, breath sprays, or breath films or strips; taking some medicines, e.g. Nyquil (contains alcohol), cough syrup, other cold medicines, albuterol, or numbing medications for toothache; (6) eating some bread products; (7) consuming foods laced with liqueurs; (8) using lip balms; (9) using smokeless mentholated tobacco; and (10) taking prescribed inhalants for asthma, e.g. budesonide, salbutamol, salmeterol, and others.

If the driver facing a drunk driving offense has acetone in their breath sample, this can increase the chances of facing a criminal offense in California. If the driver consumed alcohol, acetone significantly adds to the possibility of DUI arrest. If acetone adds 0.06 percent to the breath test results, it may look like the adult or underage driver consumed too much alcohol–even if they drank no alcoholic beverages at all. If you or someone you love is accused of driving under the influence in California, you need our experienced DUI attorneys right away. Call the Law Office of Louis J. Goodman, your Piedmont DUI lawyer, to request a free consultation.

Some urban legends claim that eating garlic, mints, or onions isn’t true. These foods won’t mask the alcohol on your breath and won’t affect your breath test results at all. If you are charged with a Piedmont DUI, you need an experienced law firm on your side.

Body or Air Temperatures Can Skew Breathalyzer Test Results

Air and body temperatures can affect Breathalyzer test results. If you’re driving a car with a fever, this can produce an inaccurate test result. In fact, for each degree above your average body temperature (between 97 and 99 degrees F.), the Breathalyzer reading increases eight percent!

Your breath rate can also directly affect BAC readings on a Breathalyzer. Recent vigorous exercise, holding your breath (just 30 seconds), or hyperventilating can change your BACrate by as much as 10 percent! Imagine that you’re a long-distance runner. You drive to a local park to run for an hour. When you’re pulled over at a traffic stop, law enforcement officers note your flushed skin. In short order, you’re charged with a DUI because your blood alcohol levels appear above the 0.08 percent level.

Temperatures outside can impact your BAC test, too. The Breathalyzer unit used by the police officer might not be adjusted or calibrated to the outdoors. For that reason, a breath test that’s given outside might be incorrect. You’ll be charged with a DUI. Other considerations, e.g. lack of maintenance or unit testing, radiofrequency issues, police officer training, or individual officer inexperience can affect your Breathalyzer test results.

Police officers should demonstrate caution when evaluating Breathalyzer breath test results. Because so many factors and scenarios can affect your BAC reading, it’s up to an experienced DUI lawyer in California to protect you from drunk driving laws. Your DUI lawyer serving Piedmont will lead challenges to negotiate DUI or reckless driving charges. These challenges may lead to negotiating a lesser penalty or charge, or even to the complete dismissal of your DUI legal issues or DUI charges in some situations. Contact the Law Office of Louis J. Goodman to discuss your drunk driving charges or drunk driving offense today. Our law firm will protect your driving privileges by helping you to avoid license revocation.

What Happens in an Impaired Driving Arrest?

Evaluation of your DUI charges begins with a trip to the arrest location. We begin to challenges your DUI charges by: (1) analyzing the arresting officer’s training and background; (2) reassessing the DUI case blood sample; (3) reviewing maintenance records of the breath test unit; (4) cross-examining the arresting officer at a DMV hearing; and (5) Breaking down the allegations to build a strong client defense. If you’re arrested for a DUI in Piedmont or anywhere in Alameda County, Calif., you need an experienced DUI lawyer now.

California Criminal Defense

If you face DuI charges in Alameda County, a DUI usually starts with a checkpoint or traffic stop. Law enforcement officers administer field tests and ask you to submit to breath testing. The arresting officer may ask you to take these tests at a nearby hospital, police station, or jail. Failing to submit to these tests may prompt greater penalties and a suspended license.

You’re usually released within a few hours of the arrest if you’re facing misdemeanor Cash bail or bail bonds may be needed if you’re charged under California’s DUI laws. You’ll probably get a citation to appear in court and a temporary driver license at your release. Expect to leave your California license with the police at that time. Law enforcement will give you a pink temporary license. It is CRITICAL that you or an attorney call DMV Driver Safety within 10 days to request a DMV Admin Per Se Hearing.

The DMV and the Courts may allow you to continue driving with proof of insurance with an SR-22, and an Ignition Interlock Device (IID).

Call our DUI defense team to request a free consultation about your matter. It’s possible to avoid jail time and a criminal record in some cases. Don’t wait to call an experienced California attorney to request your free consultation. Our DUI defense team is standing by.

California Department of Motor Vehicles Hearing Process

Most drivers don’t lose their California driver license right after a driving under the influence arrest. They get a temporary license that may become a suspension if they lose their DMV hearing. If you’re arrested for DUI in California, contact the Department of Motor Vehicles within 10 days of arrest to request a DMV hearing. If you fail to do so, you lose the legal right to a DMV hearing.

Our law firm and DUI lawyers will request the DMV hearing on your behalf. We may request a hearing that gives us more time to prepare your DUI defense.

A knowledgeable DUI defense attorney in Piedmont may attend the DMV hearing in your stead. You may be asked to attend the hearing, too. Your attorney’s goal is to convince the California DMVto retain your driving privileges. However, the hearing may be useful in identifying other useful evidence in your case.

Depending on circumstances, your DUI lawyers in Alameda County may (1) subpoena the breath test machine used to capture your breath sample; (2) request the device’s calibration record and maintenance log to show previous malfunctions or inaccuracies; and (3) subpoena the officer who will testify at the DMV hearing. Your DUI lawyers will inquire about the officer’s DUI training programs and any mistakes they made in investigating your case.

After the DMV hearing, the DMV Hearing Officer considers the matter and issues a mailed written response.

Your defense attorney will listen to everything that happened before, during, and after the DUI arrest to prepare a defense. The attorney client relationship allows you to share any and all details with your defense lawyer. Call us to schedule a free and no obligation consultation with our DUI defense team.

If you or someone you love is arrested for a drug offense (DUID), dwi lawyers defend against DUI marijuana, DUI fentanyl, DUI, Ambien, DUI Oxycodone, or DUI Heroin and other drugs. Your defense attorney should be experienced in both state law and DMV regulations.

If Your California Driver License Is Suspended

If your license is suspended, it’s usually possible to get a restricted license in 30 days. Your Piedmont DUI lawye rcan often arrange for the restricted license immediately after an arrest. However,you must adhere to the rules of your suspension until the restricted license arrives. Driving on a suspended California license is a crime. If you’re found guilty of this offense, you may face violation of probation, jail time, and an extended driver’s license suspension.

DUI Trial and Court Proceedings in Piedmont CA

If your BAC level is higher than 0.08 percent, you immediately face two misdemeanor offenses under California Vehicle Code 23152(a) and California Vehicle Code 23152(b). Both involve operating a vehicle with “excessive BAC.” Our attorney’s goal is to help you avoid both of these offenses.

Your Piedmont DUI lawyer will almost certainly attend your DUI court appearances. If you’re specifically asked to testify at a trial, you must appear. Your DUI case may require several court dates. The time table to decide the DUI case may take several months. During this time, your DUI legal team collects evidence, files motions, and negotiates and renegotiates with the Alameda County prosecutor and judge assigned to the case. Sometimes we can seek a dismissal or reduced charges in your DUI defense.

If a settlement of the case is reached (in which you plead to a DUI or any lesser charge), we may proceed in either of two courses. You may plead before the judge in person. Otherwise, your Piedmont attorney will ask you to sign several documents outside of court.We can sometimes deliver the notarized documents to the judge and make the plea bargain without your appearance.

Each California DUI conviction involves suspension of the defendant’s driver license. DUI defendants in Piedmont can usually continue to drive if they agree to install an ignition interlock device in their car or truck. Call us now to request a free consultation.

Contact Our Experienced California DUI Law Team

Most people convicted of a DUI report many ongoing life challenges, e.g. their permanent criminal record and damaged DMV driving record. A top-tier California DUI lawyer is your single best opportunity to avoid these problems that result from conviction.

Contact the Law Offices of Louis J. Goodman. He handles the range of DUI matters from misdemeanor DUI to gross vehicular manslaughter charges. In many instances, he can help you to avoid a DUI conviction, jail time, and other severe penalties. An experienced attorney can help you achieve the best possible outcome in your case.

Louis J. Goodman, a former Deputy District Attorney, has practiced criminal law for more than 30 years. During that time, he’s served within the judicial community from many different perspectives,including as an Alameda County Deputy District Attorney, and as a private legal practitioner.

He knows law enforcement’s difficult job in protecting members of the public. Police officers make mistakes. He is deeply committed to safeguarding each individual’s legal rights in Piedmont,throughout California, and in the United States.

Attorney Goodman is deeply aware of the impact that DUI decisions have on accused individuals, families, and livelihoods. Explore your options to fight a DUI charge now—contact the Law Office of Louis J. Goodman at 510-582-9090.


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