The 'Rising Blood Alcohol' Defense
Your blood alcohol content may not have been as high (at the time of your driving) as the prosecutor is alleging.
Based on the circumstances of your case, our Torrance DUI defense lawyers (Los Angeles DUI defense lawyers, South Bay DUI defense lawyers) may be able to successfully argue that, at the time that you were driving, your blood alcohol was below the legal limit, and that the testing that occurred afterwards shows your blood alcohol level as it was after you were driving.
If your preliminary alcohol screening test shows, for example, a level of .07/.08, and then a subsequent chemical test shows .09/.10, we may be able to convince the prosecutor or a jury that your blood alcohol was actually below the legal limit at the time you were driving, and, that when you were tested, your body was still absorbing alcohol, thereby showing an “artificially” high reading.
In other words, your blood alcohol concentration may have been rising at the time of testing (because alcohol ingestion was not completed) and, therefore, your BAC level was actually lower at the time of driving.
Researchers have found that absorption can continue for an average of 50 minutes after a DUI suspect has stopped drinking. Tests (taken with Intoxilyzer models 4011A, 4011AS, and 5000) have consistently estimated blood alcohol levels at excessively high levels during this average 50-minute time period (when compared to analyzed blood samples).
Our Torrance DUI defense lawyers (Carson DUI defense lawyers, Rancho Palos Verdes DUI defense lawyers, Los Angeles DUI defense lawyers, South Bay DUI defense lawyers) have a combined experience of more than 50 years defending persons accused of DUI. Our founding partners, Bruce McGregor and Robert Ernenwein, are former Los Angeles Deputy District Attorneys. Robert Ernenwein, one of our Co-founders, is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. Robert Ernenwein and Bruce McGregor have both been named “Super Lawyers” by Los Angeles Magazine. Robert Ernenwein has appeared as a legal analyst on multiple cable news programs, including Fox News. The experience and capabilities of the lawyers at McGregor & Ernenwein are unmatched.
Our extensive experience and knowledge give us the tools we need to successfully challenge DUI charges.
Our lawyers represent clients accused of DUI throughout Southern California, including Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, City of Industry, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, East Los Angeles, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Huntington Park, Inglewood, Inland Empire, Irwindale, La Canada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Playa Del Rey, Pomona, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Seal Beach, Santa Clarita, Santa Fe Springs, Santa Monica, Seal Beach, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Watts, Walnut, West Covina, West Hollywood, Westlake Village, and Whittier.
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.
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. View All
Case Results for DUI Defense:
- Client who faced Felony DUI with 6 Years in Prison = Reduced to Misdemeanor and NO Jailtime.
Awarded: Client who faced Felony DUI with 6 Years in Prison = Reduced to Misdemeanor and NO Jailtime.
- Vehicle Code 23153(a) VC, Felony DUI Causing Injury, Reduced from Felony to Misdemeanor DUI, NO Jailtime & NO Community Service
Awarded: Vehicle Code 23153(a) VC, Felony DUI Causing Injury, Reduced from Felony to Misdemeanor DUI, NO Jailtime & NO Community Service
- DISMISSAL OF FELONY DUI CHARGE, REDUCTION TO STANDARD FIRST DUI, AND NO JAIL TIME
Awarded: DISMISSAL OF FELONY DUI CHARGE, REDUCTION TO STANDARD FIRST DUI, AND NO JAIL TIME
- Dismissal of DUI Charges
Awarded: Dismissal of DUI Charges
- Dismissal of DUI Charges in Spite of High Blood Alcohol Level
Awarded: Dismissal of DUI Charges in Spite of High Blood Alcohol Level
- DUI and Chemical Test Refusal Allegation Dismissed!
Awarded: Dismissal of Driving Under the Influence (DUI) Charge
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