California DUI test refusal claims start a DMV suspension or revocation of one to three years under Vehicle Code section 13353 and can add jail time after a conviction. Learn what the officer must say, what courts treat as a refusal, special rules for drivers under 21, probationers and CDL holders and what a hearing decides.
A roadside screening device and the breath test after arrest both read alcohol from breath, but California law treats them differently. This covers the PAS advisement, when screening is mandatory, the blood or breath choice, Title 17 testing rules, refusal penalties and why no breath sample is kept.
The Problem With Personal Breathalyzer Accuracy Small breath devices sell as a way to check before driving. Yet personal breathalyzer accuracy varies from device to device and from use to use. More...
What a DUI Forensic Expert Does Test results come with pages of logs, methods and quality control data. A DUI forensic expert reads those records and explains what they show. The expert may testify...
How DUI Toxicology Testing Usually Works When police suspect drugs, they usually seek a blood sample. The lab then runs DUI toxicology testing to look for drugs or their byproducts. Many labs use...
Why DUI Blood Draw Warrant Questions Come Up A blood draw involves a needle and a sample of the body. Courts treat it as a search, so it needs a legal basis. DUI blood draw warrant questions ask...
Why Hospital Blood Test DUI Questions Arise After a crash, the driver may go to a hospital before any police test. Staff may draw blood for medical reasons, and police may ask for a separate draw. A...
The Timing Problem Behind Rising Blood Alcohol DUI A chemical test often happens an hour or more after the driving stopped. Yet the law asks about the alcohol level at the time of driving. A rising...
What a DUI Blood Retest Means A blood result from the state lab can seem final. In fact, many cases keep a portion of the sample, and the defense may ask a separate lab to analyze it. A DUI blood...
Why DUI Blood Sample Handling Gets Reviewed A blood test can look precise on paper. Yet the result depends on everything that happened to the sample before testing. DUI blood sample handling covers...
Where Mouth Alcohol DUI Questions Start Breath testing estimates alcohol in the blood by measuring alcohol in exhaled air. Questions arise when alcohol may have come from the mouth instead of the...
What Breathalyzer Calibration Records Show A breath result is only as good as the instrument that produced it. Breathalyzer calibration records show how often the device was checked against a known...