Los Angeles DUI and Toxicology

Los Angeles DUI Attorney

Blood sampleAll driving under the influence cases require that the prosecutor prove beyond a reasonable doubt that the defendant was under the influence of alcohol or drugs at the time that he or she was driving a motor vehicle. To prove intoxication, law enforcement and prosecutors rely on the officer’s observations as well as the toxicology reports generated showing the results of chemical testing. In California, a driver can choose either a breath or blood test when he or she is arrested on suspicion of DUI. Drivers who refuse testing can still be charged with driving under the influence in violation of California Vehicle Code Section 23152(a) VC in addition to the refusal allegation which would add additional penalties, including mandatory jail time.

Toxicology is the study of the effects of foreign chemicals on the human body and many scientists focus on this area of study. There may be several factors that affect a driver’s BAC level at the time of testing and in some cases it may be necessary to procure the services of a toxicologist to serve as an expert witness for the defense. Toxicologists can be useful in challenging both breath and blood test results.

It is important to remember that the results of chemical testing only show what a person’s BAC was at the time of testing and not necessarily what his or her BAC was at the time of driving. Toxicologists study how alcohol and drugs are absorbed and metabolized by the human body. When a person drinks alcohol, his or her BAC will slowly rise as the alcohol is being absorbed into the body, level off and then fall as the alcohol is processed and excreted. There may be cases where a person in the rising blood alcohol phase of absorption has a BAC below the 0.08 percent threshold at the time of driving but produces a test result above 0.08 percent when tested at a later time. In these cases, the testimony of a qualified toxicologist can be absolutely critical in showing why the defendant was not driving with a BAC of 0.08 percent or higher.

Many toxicology experts are highly experienced in dealing with the blood testing process and some may have been employed by law enforcement crime laboratories during their careers. These experts can testify regarding the reliability of the blood testing process and what errors may have occurred that threaten the integrity of the defendant’s blood sample.

California law requires that a portion of the defendant’s blood sample be set aside for independent testing. The defense can request a blood split order and can have the defendant’s blood retested at an independent laboratory. If the results of the blood split testing are favorable, the defense may need to call a toxicologist from the lab to testify regarding the results of retesting.

The defense can also call a toxicology expert to testify during the driver’s DMV administrative hearing. A toxicologist can testify regarding the calibration and maintenance records of the breath testing device and can explain to the DMV hearing officer why a driver’s BAC was under 0.08 percent at the time of driving as the result of a rising blood alcohol level. In many cases, the testimony of a toxicologist can result in the driver’s suspension being set aside.

If you have been charged with DUI, it is crucial that you talk with a Los Angeles DUI Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles DUI Attorney Michael Kraut works with the top toxicologists to make sure that no avenue of defense is left unexplored when fighting a DUI charge.

For more information about Los Angeles DUI and toxicology, and to schedule your free consultation, contact Los Angeles DUI Lawyer Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
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There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
Owen, Google User