Practice Areas

• Accessory After the Fact
• Arson
• Assault & Battery
• Battery on a Peace Officer
• Assault with a Firearm
• Battery
• Assault with a Deadly Weapon
• Bail Review & Reduction
• Carrying a Concealed Weapon
• Child Endangerment
• Conspiracy
• Criminal Threats
• Domestic Violence
• Driving with A Suspended License
• Drug Possession
• Marijuana Possession for Sales
• Drug Possession for Personal Use
• Drug Possession for Sale
• DUI Defense
• I've been arrested for DUI. What happens to my Driver's License?
• DUI Under 21
• The 'Rising Blood Alcohol' Defense
• Attacking the Breath Test
• The "No Driving" Defense
• I've been arrested & cited for DUI? What happens next?
• Elder Abuse
• Embezzlement
• Expungements
• Hit and Run
• Housing Violations
• Juvenile Defense
• License Defense
• Nursing License Defense
• Murder
• Police Misconduct Litigation
• Pre-Filing Investigations
• Professional & Vocational License Defense
• Prostitution
• Public Intoxication
• Sex Crimes
• Indecent Exposure
• Solicitation of Prostitution
• Rape
• Theft Charges
• Robbery
• Purse Snatching
• Burglary
• Petty Theft
• Embezzlement
• Identity Theft
• Three Strikes Law
• Vacating Convictions
• Deportable Offenses: Vacating Your Guilty Plea to Avoid Deportation
• Vandalism
• Vehicular Manslaughter
• Warrant Recall
• Weapons Charges
• Witness Intimidation

Attacking the Blood Test

It is widely believed that DUI blood testing is more reliable and scientifically accurate than breath testing for blood alcohol concentration. However, that is not necessarily true. In fact, DUI blood testing is fraught with all kinds of errors and, therefore, actually more amenable to being challenged successfully. Contamination of your blood sample, fermented blood and blood samples that were erroneously switched are only a few examples of how bungled blood testing can result in an innocent person being convicted of DUI. Our highly-credentialed and experienced Torrance DUI defense attorneys are extremely knowledgeable in recognizing these errors and employing them in our strategy to get your DUI case dismissed or reduced.

What procedural safeguards does California have with respect to blood testing?
The California legislature has implemented certain procedures and requirements (by which law enforcement – and medical staff employed by law enforcement – must abide) which are essentially safeguards against error and contamination of DUI blood samples. These are codified in California Code of Regulations, Title 17. Such examples include, but are not limited to, the following:

– making sure a qualified technician drew the blood;

– sterilization of your arm (or other draw site) with a product that is not alcohol-based (to prevent
the addition of alcohol extraneous to that which may be contained in the blood. The presence of foreign alcohol can lead to artificially-high blood alcohol results);

– ensuring that there are appropriate levels of preservatives and anti-clotting solution contained in the vial that holds your blood sample (in order to stave off coagulation);

– proper mixture of your blood sample with the adequate quantity of anti-coagulant and preservative;

– proper storage of the blood sample

– ensuring that the chain of custody of your blood sample is properly documented and unperturbed. The chain of custody is the information as to who handled and otherwise had access to your blood sample.

Should any of the foregoing procedures be violated or otherwise not stringently abided by, the accuracy of your DUI blood test results could be jeopardized and called into question by a qualified, aggressive and highly-conscientious Torrance, California DUI defense lawyer. If we find that your blood sample was similarly tampered with, McGregor & Ernenwein DUI defense attorneys will prepare, submit and argue the appropriate legal motion(s) to have your blood sample “suppressed” (i.e., thrown out) so that it cannot be considered into evidence. Our South Bay DUI defense lawyers will also assail the validity of the actual blood test result in pursuit of an all-out dismissal of your DUI charges.

How does California’s implied consent law affect law enforcement’s ability to draw blood forcibly?
If you are licensed to drive in the state of California, you implicitly agreed to allow law enforcement medical personnel draw your blood in order to have it tested for DUI purposes. (Of course, you must lawfully have been arrested for DUI). This is what is known as California’s “Implied Consent Law.”

Therefore, if you refuse to have your blood drawn for DUI chemical testing purposes, you will suffer either of the following consequences:

a) the arresting officer will annotate in his police report that you refused the blood test, subjecting to you a one-year driver’s license suspension by the DMV, or;

b) the arresting officer (or as many officers as necessary) will physically restrain you in order to facilitate the compulsory drawing of your blood.

If you are the victim of a forced blood draw, your California DUI defense attorney will be extra vigilant when investigating the procedures that were used to collect your DUI blood sample. A hasty or otherwise abrupt blood draw is a breeding ground for poorly-followed protocol that could result in an innocent client being convicted of DUI.

Our South Bay DUI defense lawyers can petition the judge to order that your blood be re-tested at an independent laboratory. Oftentimes, new testing will reveal contamination or reveal that your blood alcohol concentration was not as high as alleged by law enforcement. This is one of the reasons that blood testing is preferable to breath testing: it is evidence that can be re-tested, therefore, oftentimes leading to a reassessment of your case that can result in reduced or dismissed DUI charges.

It should be noted that the police officer must have advised you of your right to have your blood sample preserved for retesting in the future. Our DUI defense lawyers will have your blood subjected to new testing by petitioning the judge to sign an Order for Specimen Release, commonly known as a “blood split.” If the independent laboratory’s evaluation shows that your blood sample was fermented or coagulated, this may be the source of an inaccurate blood result, allowing our lawyers to argue for the dismissal of your California DUI charge.

Call us immediately at 877-338-4489 for your free consultation. 

 
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Blog for DUI Defense

• Top Questions Regarding Drunk Driving in South Bay

  Description: Were you accused of drunk driving in South Bay, California? If so, you need to read this blog to find answers to some big questions.

• Miranda Rights & Your Los Angeles County DUI Allegation

  Description: Were you informed of your Miranda rights when you were pulled over for DUI? If not, you may be able to beat your DUI in Los Angeles County.

• Paris Hilton’s Brother Must Pay $4.6 Million for Los Angeles DUI Crash

  Description: Have you been charged with DUI in California? Contact the Torrance criminal defense attorneys at McGregor & Ernenwein for help today.

• “Desperate Housewives” Star Arrested on Suspicion of DUI in LA

  Description: Actor Ricardo Chavira was arrested on suspicion of DUI. If you receive a DUI charge, contact the Torrance criminal defense attorneys at McGregor & Ernenwein.

• Rick Springfield Arrested for DUI in Malibu, California

  Description: Singer Rick Springfield was arrested recently on suspicion of DUI. Best known for his 1981 hit “Jessie’s Girl,” Springfield was allegedly administered a field sobriety test and then taken to the Malibu/Lost Hills Police Station. If you have been arrested for DUI, contact the Torrance criminal defense attorneys at McGregor & Ernenwein. We can defend you and walk you through the sentencing options.

• Former California-Based Olympic Gold Medalist Charged with DUI

  Description: In light of the recent arrest of an Olympic gold medalist for a DUI felony, the Torrance criminal defense attorneys at McGregor & Ernenwein have written a blog entry with information regarding bail in DUI cases. Read to find out more, or contact McGregor & Ernenwein today if you have been arrested for DUI.

• Refusing a Blood Alcohol Test after Being Arrested for DUI in California

  Description: California law states that you must take a blood alcohol test after being arrested on the suspicion of drunk driving. However, you still have options and should consider the best path for your case. Call our DUI lawyers today at (888) 338-4489 to learn more about your legal rights.

• Santa Ana Fatal Drunk Driving Car Crash

  Description: According to CBS, police arrested a 27-year-old man from Santa Ana on Tuesday, December 21, 2010 on suspicion of drunk driving and trying to leave the scene of a fatal crash. Our DUI defense lawyers have 50 combined years of experience defending DUIs involving injury or fatality.

• Drive Safe & Sober This Holiday Season

  Description: The holidays are prime time for DUI crackdowns, and getting caught drunk driving is an expensive and costly mistake. Drive sober and safe this holiday season. Call McGregor & Ernenwein today at (877) 338-4489 if you or a family member has been arrested for DUI in South Bay.

• What should I do if I have been arrested for DUI in California?

  Description: What should you do if you face DUI charges in Los Angeles? This article gives you the two main steps you must take, and shows how having an experienced attorney by your side can be invaluable. Call McGregor & Ernenwein Law Offices today to learn more at (877) 338-4489.

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Library for DUI Defense:

• You Have Questions Regarding DUI in California, We Have Answers
  Description: Have you been arrested for DUI? Read this article for answers to common questions and contact a Torrance DUI lawyer for help.
• Why the LAPD Might Stop You for Suspected DUI
  Description: Do you know what prompts a police officer to pull someone over for suspected DUI in Los Angeles? Read this article to find out.
• How BAC Can Lead to a Los Angeles DUI
  Description: Blood alcohol level can be impacted by many factors. Read this article to learn more and contact a Torrance DUI attorney. We’ll help you beat your DUI in L.A.
• How to Beat Your DUI in Los Angeles County – 4 Tips
  Description: Want to know how to beat a DUI in Los Angeles County? Read this article to find out & call a Torrance DUI lawyer today.
• Charged with California DUI But Live in a Different State?
  Description: While being from another state can be problematic if you are charged with a DUI in California, certain information regarding your DUI arrest can help your case. Have you or someone you know been arrested for a DUI charge? Contact McGregor & Ernenwein to obtain a completely free consultation with one of our experienced Torrance criminal defense attorneys.
• Women at a Disadvantage for Field Sobriety Tests
  Description: While men are more often charged with DUI than women, women are increasingly receiving such charges as well.
• Understanding the Role of Blood Alcohol Content in California DUI Cases
  Description: Blood alcohol content (BAC), the measure used in DUI arrest cases, is influenced by numerous factors, such as number of drinks, alcohol content of alcohol, time elapsed, your weight, and much more. Call us today at (877) 338-4489 for more information about your case.
• Types of Blood Alcohol Tests in California DUI Cases
  Description: Three primary types of blood alcohol tests are used by police to measure an individual’s level of intoxication: blood tests, urine tests, and breath tests. Contact the DUI attorneys of McGregor & Ernenwein today to learn more about your legal rights in these cases. Call (888) 338-4489.
• Myotonic Dystrophy Can Be Confused with California DUI
  Description: Myotonic dystrophy is a disease with symptoms that look like drunkenness, including glossy eyes, slurred speech, trembling limbs, and more. Call our Torrance DUI defense attorneys today if you or a family member has been wrongly arrested for driving under the influence.
• California Driving Under the Influence (DUI) Arrests Skyrocket during the Holidays
  Description: DUI arrests skyrocket during the holiday season as a result of alcohol-related celebrations, increased travel, and police crackdowns. If you have been arrested for DUI in South Bay, call McGregor & Ernenwein today at (877) 338-4489 to learn more about your legal rights.
• Field Sobriety Tests in California DUI Stops
  Description: Field sobriety tests attempt to quickly measure your level of intoxication, in order to determine if you are driving drunk or not. However, the tests are inherently flawed in how they are designed and conducted, and California residents have a right to refuse to take them. Call us today at (877) 338-4489 to learn more.
• The Types of Serious DUI Arrests in California
  Description: While all types of California DUI charges need to be taken seriously, some carry more severe penalties than others. The three main types of serious Los Angeles DUI charges are listed here. Call us today if you or a loved one has been charged with driving under the influence (DUI) in Los Angeles or Orange County.
• Driving Under the Influence of Alcohol | Vehicle Code 23152(a) & (b)
  Description: Since 1987, we have represented clients in over thousands of DUI in Los Angeles Courts and Orange County courts. We have represented hundreds of clients at DMV hearings and have been victorious at preventing the suspensions of their drivers' licenses. Our founding partners are "Super Lawyers" and former prosecutors. Call us 877-338-4489 for your free DUI consultation.

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