California DUI Tests | Fresno DUI Lawyers | Law Office of Michael Mitchell

The Law Offices of Michael E. Mitchell is committed to providing you the most thorough, vigorous and aggressive Criminal and DUI defense possible. We will pursue all avaible avenues to defend your case. Our in depth investigation often means the difference in whether a person is convicted of a Crime or DUI.

The Law Offices of Michael E. Mitchell is the Central Valley's preminent Criminal and DUI law firm. When it comes to your representation, rest assured that your case is being handled by an attorney experienced in Criminal and DUI defense.

There are different physical and chemical tests that law enforcement uses to determine whether a driver is intoxicated. The physical tests consist of Field Sobriety Tests (FSTS). These are tests that consist of a battery of criteria which if the driver fails indicate that the driver is impaired. However, only a few of these tests are approved by the National Highway Traffic Safety Administration (NHTSA), the remaining tests have not been subject to peer review or scientific testing to determine if they are accurate. Law enforcement often fail to tell drivers that FSTS tests are optional, there is no legal requirement that you perform FSTS.

In addition, in California, if you are driving a vehicle, you impliedly consent to give a chemical test to determine if you are driving under the influence (DUI) (Vehicle Code Section 23612.). These tests may consist of a blood, breath or urine test. Now, officers are required to advise you of your choice of a blood or breath test. However, the California courts have held that a lack of advisement is a technical violation of the law, but will not result in the test being excluded from evidence. Urine tests are rarely given anymore. They are notoriously unreliable and only show a past history of alcohol or drug use. If you take a urine test and it shows alcohol or drug use, the level of alcohol or drugs could have been from use that occurred days or a week prior to the test.

Blood tests are generally the most reliable of the chemical tests because they show the direct level of alcohol in your blood system. Nevertheless, blood tests are subject to inaccuracy as well and your blood can be retested to determine a variety of factors that effect the accuracy of the test.

Breathalyzers are far in away the most common type of chemical testing used today. If you were tested by a breathalzyer, they can be challenged based upon the inaccuracy in the device, calibration records, operator error, problems with the device, and physiological anaylysis to determine that you were driving with less than a .08.

The Law Office of Michael E. Mitchell defends clients in the California's Central Valley and San Joaquin Valley, including Fresno County, Tulare County, Merced County, Madera County, County of Kings, Mariposa County, Fresno, Tulare, Merced, Madera, Kings County, Mariposa, Visalia, Hanford, Dinuba, Los Banos, Selma, Kingsburg, Clovis, Sanger, Reedley, Kerman, Parlier, Coalinga, Firebaugh, Fowler, Kerman, Mendota, Visalia, Avenal, Corcoran, Lemoore, Porterville, Bass Lake, Shaver Lake, Yosemite National Park, Sequoia National Park.