How Courts Establish Proof For an Over 80 Charge in Malibu

The criminal laws in California consist of two distinct but closely related offenses under the criminal code. The first offense is impaired driving which bars a person from driving or caring or controlling a vehicle while their abilities to do so are prejudiced by the influence of drugs or alcohol. Impaired driving is covered under Section 253(1) (a). The second offense is over 80 DUI which lays down the same stipulation but relates to a situation where the blood alcohol concentration (BAC) of the person driving or in control of a vehicle is over 80mg per 100ml of blood. Over 80 DUI is covered under Section 253(1) (b) of the Criminal Code. In addition to these offenses, there are also other DUI-related offenses in Malibu, such as failure to provide a breath sample.

It is imperative that you contact a DUI defense lawyer immediately if you are facing driving over 80 DUI charges. We at Malibu DUI lawyer always strive to build the best defense possible to DUI charges. Through our zealous advocacy, we have shown consistently favorable results in defending our clients in these cases through detailed investigations and vigorous cross-examination of prosecution witnesses. Call us now for more information and a free consultation.

One of the most litigated criminal charges in Malibu, California is the over 80 charge. Because establishing proof of the offense rests heavily on the observations of the investigating officer as well as eyewitnesses, we focus on these issues at trial. Additionally, there is a very specific procedure that must be followed by the prosecution in proving the over 80 DUI. During this procedure, a Drug Recognition Expert takes breath and blood samples according to strict guidelines. The resulting blood alcohol content (BAC) reading is then used as evidence during the trial. These are all issues that we litigate during trial, and are experienced in dealing with.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Malibu

What Is The Over 80 Charge Criminal Code in Malibu, California?

The laws concerning the driving over 80 DUI are focused on the element of the amount of alcohol in your blood which is somewhat challenging as there is absolutely no way that a correct blood sample can be provided. The blood samples are collected usually at the police station and not at the site of offense. It is therefore quite difficult to come to a conclusion that the BAC was above the prescribed limit. At Malibu DUI Lawyer we focus on this aspect while defending our clients.

An Over 80 DUI charge in Malibu primarily relies on the fact that the prosecutors have to prove their case by providing enough evidence in court regarding the amount of alcohol in your blood while the vehicle was being operated by you. The prosecutors will show to the court your blood alcohol concentration by relying upon presumption of identity vide which the judge can conclude that your blood alcohol is accurate as measured at the station provided that all the preconditions are met with. There are a number of potential defenses that can be taken by your lawyer who can challenge the preconditions required for presumtion of identity.

There are a few ways that a DUI charge can be defended. First way is to establish in the court that the alcohol content in your blood was on the rise while you were being pulled over or when the blood samples were taken. The BAC level can be different depending upon the situation and it is always the case that when you consume alcohol it will rise to a peak level in your blood which may take 2-3 hours. This is a great defense that has to be proved in court by a competent lawyer.

Second is to prove to the court that the arresting officer did not comply with the California’s Title 17 Regulations before conducting the blood and breath tests. As per the said Title 17 the arresting officer has to follow a few procedures before taking a blood and breath sample. Third way is to prove to the court that the police officer didn’t follow the prescribed procedure such as the Title 17 Regulations and didn’t read you the Miranda Rights. All these things have to be proven in the court of law by an experienced and reputed DUI Lawyer who can protect you from facing the consequences of an Over 80 DUI charge.

The Process For Establishing Defense in an Extreme DUI Charge in Malibu, CA

The process of establishing blood alcohol content (BAC) is clearly laid down in the over 80 charge criminal code. Under the code, there should be at least an interval of 15 minutes between samples and every sample received should be taken using approved equipment. Each sample has to be taken as soon as possible after the offense is committed. The first sample being taken no more than 2 hours after the arrest. In addition, a qualified technician should operate the approved equipment. The technician is responsible for making an analysis of each sample and the evidence will be presented in court. These are all important protocols that must be followed and, if they are not followed, we will litigate to bring these issues up in court as part of our defense.

Defend Yourself Against a Malibu Over 80 DUI Charge by Contacting us Right Now

While the over 80 charge criminal code is very clear regarding the offenses and punishment, our experienced Malibu DUI attorneys build strong defenses against these cases. We do so primarily based on inconsistencies with evidence as well as cross-examination of prosecution witnesses. Our team of investigators often visits the site of the incident to get a first-hand report of what really happened. This helps us to present a good defense for your case. Call us today, and we will be more than willing to discuss your case. Our attorneys are skilled enough to prove that there are flaws in the prosecution’s case and thereby protect you from the consequences of the charges. We are here to fight for you.