Category Archives: napa dui lawyer

Chemical Testing – Inherent Errors

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Whether submitting to a blood, breath or urine test, the ultimate goal is to determine BAC levels in the body. According to the law in most states, any chemical test administered two to four hours after the alleged driving is presumed to be the BAC level at the time of driving. This presumption allows the defendant to present evidence that refutes the test result, such as recalculating the BAC level by factoring absorption and metabolic rates and numerous other factors that distort chemical test results.

 Alcohol Absorption

Since alcohol continues to absorb into the bloodstream for approximately 50 minutes after the cessation of drinking, many chemical test results indicate a higher BAC level than at the time of driving. Most defendants are stopped within 15 minutes of their last consumption of alcohol, and are administered chemical tests approximately 45 minutes after the initial police stop. Naturally, the test result will be higher and the defendant could be wrongfully charges with drunk driving. This, it is possible to argue that the chemical test result is inaccurate because it inflates the actual BAC level at the time of driving.

If you have been arrested for a DUI contact Napa DUI Lawyer Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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DUI – Chemical Testing

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Chemical testing made it easier for prosecutors to obtain drunk driving convictions, so state legislatures began enacting implied consent statutes to facilitate this goal. Motorists where then forced to choose between statutory compliance or constitutional defiance when consenting to a chemical test. Although touted as conclusive proof of intoxication. The three primary chemical tests (blood, breath and urine) produce distorted results and have numerous flaws. Since most officers require a breath test, many states give defendants the right to an independent chemical test by a qualified person of their choice.

If you have been arrested for a DUI contact Napa DUI lawyer Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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DUI Under 21

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DUI convictions become stricter if you are under 21 years of age.  Because the legal age to drink is 21, any BAC level of 0.01 or higher is an automatic DUI and an automatic one-year license suspension on top of the normal DUI penalties.

If you have been arrested for a DUI contact Napa DUI lawyer Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

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Blood Tests

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A second type of chemical test that has to be conducted after arrest is a blood test.  A blood sample for alcohol is usually more accurate than breath analyses.  There are different factors that affect how quickly the blood alcohol level rises: the number of drinks per hour, the strength of alcohol in the drink, your weight, your sex, your age, food in the stomach, other medicines or drugs.  Only a qualified medical expert can draw blood because any problems in the method can alter the results.

If you have been arrested for a DUI contact Napa DUI attorney Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

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Field Sobriety Tests

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When a police officer assumes a driver is intoxicated, field sobriety tests can be conducted in order to determine probable cause for arrest. The National Highway Traffic Safety Administration created three tests that can be used on site.

If you have been arrested for a DUI contact Napa DUI lawyer Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

The Horizontal Gaze Nystagmus (HGN) is based on the involuntary jerking of the eye due to alcohol impairment. During this test, the officer observes the eye as the suspect follows a slowly moving object horizontally. If the eye jerks and cannot follow the object smoothly, it means nystagmus is present and the suspect likely has a BAC of 0.08 or greater. However, many other conditions may cause nystagmus that dont involve alcohol such as multiple sclerosis, stroke, brain tumors, visual loss, and sedatives. To assure accuracy, police officers can conduct two other tests to determine sobriety level.

If you have been arrested for a DUI contact Napa DUI attorney Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

The two other tests police officers can conduct are the walk-and-turn test and the one-leg stand test. Suspects are required to listen and follow instructions while doing simple physical movements. Those impaired have difficulty performing the tasks. The walk-and-turn test requires the suspect to take nine steps along a straight line. He must then turn on one foot and return in the same manner.

If you have been arrested for a DUI contact DUI lawyer in Napa Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

The police officer looks for any of the eight indicators to prove of alcohol impairment: the suspect looses balance while listening to the instructions, the suspect begins before instructions are finished, the suspect does not walk heel-to-toe, the suspect does not walk in a straight line, the suspect stops while walking, uses arms to balance, the suspect does not take the correct number of steps, or he makes an improper turn. The one-leg stand requires the suspect to stand with one foot six inches off the ground and count aloud until told to stop. There are four indicators in this test that officers look out for: the suspect sways while balancing, uses his arms to balance, hopping to maintain balance, or puts his foot down. Usually two indicators in any of these tests denote a BAC of 0.08.

If you have been arrested for a DUI contact DUI attorney in Napa Douglas Pharr for free DUI defense consultation and protect your legal rights. Call (707) 258-2654 today.

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