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All Press Releases for December 05, 2013 »
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Orange County Crime Lab May Have Made Mistakes Processing DUI Cases

Orange County crime lab may have misread some samples for DUI cases.
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    December 05, 2013 /24-7PressRelease/ -- During the holiday season, law enforcement agencies throughout California will be targeting individuals they suspect of driving under the influence. If an officer makes a stop, the motorist may be required to submit to a breath or blood test to determine if there are any illegal drugs present in the driver's system, or to learn if the motorist is above the legal limit of 0.08 percent. Under California law, drivers refusing the test are subject to an immediate suspension of their license.

This investigation may give the officer enough evidence to make an arrest for DUI. The sample evidence is typically the strongest that will be presented against the individual, and can be very difficult to overcome if challenged.

In Orange County, there have been some issues with one of the machines used to check these samples. The county's process for testing uses two machines, and then averages the results to get the motorist's blood-alcohol content (BAC). Since late May, one of those machines has been improperly calibrated. This has led to higher readings, which means that some motorists may have been charged with DUI even though they were actually under the 0.08 percent limit.

Officials have notified nearly 900 individuals that there may have been issues with their samples. It is believed that 200 of those cases will need to be examined more closely because those individuals will likely have lower BAC levels than originally reported.

If you have been arrested for DUI, you may not know the steps you need to take to protect yourself. Do not speak to law enforcement officers until you have consulted with a criminal defense attorney, preferably one with experience in DUI representation. An attorney will be able to advise you of your rights, and help you begin to prepare a defense to the charges you are facing.

Article provided by The Law Offices of Mark J. Werksman
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