One of the criteria used to determine whether a person may be charged with driving under the influence is what as known as the per se blood alcohol concentration. DUI lawyers in Southern California can advise individuals charged with driving under the influence, how exactly the per se blood alcohol content criteria is used in charging the impaired motorist. According to DUI lawyers in Southern California, a per se blood alcohol concentration deems any driver whose blood alcohol concentration is .08 percent or higher as legally intoxicated in the eyes of the law.
Under the auspices of the per se blood alcohol content criteria, any driver whose blood alcohol content is .08 percent or higher as determined by a field sobriety test, most notably the breathalyzer test, does not need to be administered any other field sobriety test. A DUI lawyer may argue that the results of breathalyzer tests are often inaccurate, and if no other criteria is used to determine whether an individual is legally intoxicated and should be charged with driving under the influence, a false positive may have been the result and the subsequent charge should be overturned since no other field sobriety tests were administered.
Another set of criteria used to determine whether a charge of driving under the influence should be leveled against an individual is one specifically aimed at targeting individuals under twenty-one years of age, the legal age of consumption in the State of California. This set of criteria is known as the zero tolerance blood alcohol concentration. DUI lawyers in Southern California must be retained immediately if a person is charged with driving under the influence and they fall under the rubric of the zero tolerance blood alcohol concentration. For example, the zero tolerance blood alcohol concentration can be leveled against an under twenty-one driver who has a blood alcohol concentration of over 0.0 percent, or if they have trace amounts such as .01 or .02 percent in their field sobriety test results.
DUI lawyers in Southern California can argue that the limited consumption of many other products which contain alcohol could lead to false positive test results. If a driver under the age of twenty-one were to have very recently used a strong mouth rinse, or an aerosol breath spray, they may in fact register a .01 or slightly higher result on a breathalyzer test. DUI lawyers in Southern California could argue that that the breathalyzer cannot distinguish the difference between an alcoholic beverage or the use of a legal product like mouth rinse and breath spray.
DUI lawyers in Southern California at Kerry Steigerwalt's Pacific Law Center can argue that the limited consumption of many other products containing alcohol could lead to false positive test results. If a driver under the age of twenty-one were to have very recently used a strong mouth rinse, or an aerosol breath spray, they may in fact register a .01 or slightly higher result on a breathalyzer test. DUI lawyers in Southern California could argue that that the breathalyzer cannot distinguish the difference between an alcoholic beverage or the use of a legal product like mouth rinse and breath spray.
All of our experienced DUI lawyers in Southern California can address the many subtle nuances and conflicting factors that may lead to you being arrest with driving under the influence. Kerry Steigerwalt's Pacific Law Center offers 150 collective years of experience as well as free consultations. Contact us about your case.

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