San Joaquin DUI Lawyer

Defending Clients Who Are Facing DUI Charges in Fresno, Sacramento, & Stanislaus counties

The legal limit for blood-alcohol content (BAC) level while driving in the state of California is 0.8%. When a person takes a breath test or blood test and sees their BAC come in at that level or higher, it can feel like the walls are closing in on them. They face the potential for losing a driver’s license, steep fines, and, depending on their prior record, perhaps even jail time. But what many people don’t realize is that the BAC test is far from infallible. And an experienced San Joaquin DUI lawyer can do the investigative work into finding out just how accurate the test was. 

Krueger Legal serves clients in all of Fresno County and throughout Sacramento and Stanislaus counties. With over 10 years of experience in criminal law, we want to lead the fight for the reputation and freedom of you or the person you love.

Have you been arrested for a DUI? Call Krueger Legal today at (209) 565-0750 or contact us online to schedule a free consultation with our DUI attorney in San Joaquin.

Is a DUI a Felony in California?

In the state of California, a DUI can be charged as a misdemeanor or a felony, depending based on the circumstances surrounding the case. Generally, a first or second DUI offense is regarded as a misdemeanor, but there are situations where it can be heightened to a felony. Some factors that can result in a felony DUI charge in California:

• Prior convictions: If you have three or more prior DUI convictions within the past ten years, the fourth DUI offense can be charged as a felony.
• Injury or death: If your DUI results in another individual being injured or killed, you can be charged with a felony, even if it is your first offense.
• Previous felony DUI: If you have been previously convicted of a felony DUI, any subsequent DUI offenses will also be charged as felonies.

The penalties for a felony DUI are naturally more severe than those for a misdemeanor DUI, which can include longer license suspension, higher fines, mandatory alcohol education programs, and possible imprisonment. If you are facing a DUI charge in Fresno County, it is crucial to consult with a qualified DUI attorney from Krueger Legal, who can provide legal guidance based on your specific situation.

How to Beat a DUI Case in California

There are a large number of factors that can impact a BAC test, leading to a falsely high reading. Quite a few of these factors are everyday things that include basic foods, standard medications, and normal human error. 

Challenging the Breath Test

There are protocols for handling breathalyzer equipment. The machines must be recalibrated at the police department on a regular basis, and that recalibration must be documented. Each officer that uses the equipment must have had formal training in the process. And even if you allow that these two things are in order, the test itself can still be skewed by food ingested or medications taken. 

What Foods Can Trigger A False Breath Test?

Bread is something that can trigger a falsely high reading on a breath test. So can sugar. How often, when people may be having a drink or two, do they also eat something that involves bread or sugar? It can be anything from pretzels with beer to cake with champagne. All of which can cause an otherwise responsible drinker to appear intoxicated when they take the breath test. 

Can Medications Affect a Breath Test?

Different medications and health conditions can have the same effect. A person who has chronic acid reflux can have that show up in a falsely high BAC level. Even something as basic as mouthwash can make a driver appear more to have consumed more alcohol than they actually did.  Our San Joaquin DUI attorney knows how to investigate the legitimacy of a DUI charge. 

Put our San Joaquin DUI lawyer from Krueger Legal on your side by calling (209) 565-0750 or by filling out our online contact form today.

Challenging The Blood Test

The problems associated with a blood test are different than those of a breath test, but they are no less real. An obvious one is that the needle used to draw the blood is typically cleaned with alcohol. Suffice it to say, if the cleaning is not done properly, the effects of that alcohol could show up in the test. 

Then the blood sample itself has to be properly handled. Blood that is stored for an inappropriate amount of time can start to ferment, which means that it will show higher BAC levels. As a way of monitoring this and maintaining security around the sample, blood tests have strict chain of custody requirements. Every person that handles the sample must be accounted for, and every step the sample takes must be documented. Failure to follow chain of custody is a serious violation and can invalidate an otherwise valid test.