What you need to know about DUI Breath and Blood Tests
There are so many complexities to a DUI charge, from the various tests that a police officer will try to administer, to the possible arrest itself. That is why Defense Attorney Ken Hallum personally handles every aspect and detail of every case he deals with. He is knowledgeable of all the California DUI laws and what you should or shouldn’t do if you are stopped for a suspected DUI or have been arrested for one.
For example, in California if you are suspected of drunk driving, by law you must take a blood alcohol content test such as a breathalyzer when asked to do so by police or face very harsh penalties. However, police must have reasonable suspicion that you were drinking before they can ask you to take the test. To establish reasonable suspicion police use a variety of questions and DUI pre-screening or field sobriety tests. You are not required to answer the questions or to participate in any of these tests. If you do go along with these tests you are only giving the officer the suspicion he or she needs to require you to take a BAC test.
One of the easiest ways for police to get the suspicion they need is to just ask you if you have had anything to drink.. The officer may also ask you where you have been and what you’ve been doing. If you admit to having been out with friends or attending a sports event or being anywhere where alcohol is commonly served you have given the officer reasonable suspicion. You are not required to answer these questions.
If you are stopped by police the officer may ask you to take a field sobriety test such as the one-leg-stand, finger-to-nose or other tests which involves the officer shining a flashlight in your eyes and looking for erratic eye motion. You are not required to perform these tests.
The most important point to remember is that if you are charged with a DUI offence and the case ends up in court the officer must be able to justify requiring you to take the BAC test.
Ex-cop Defends Rights of Individuals Charged with DUI
- Ken Hallum is an aggressive and knowledgeable criminal defense attorney. He has been practicing DUI defense since retiring as a police officer for 22 years. While on the force, he worked in a DUI unit, where he became extremely familiar with DUI laws. His main focus is most exclusively on driving under the influence defense in California.
- Mr. Hallum will review every last detail of your case to find any discrepancies in the manner it was handled. Sometimes the evidence can “seem” overwhelming. That is even more reason to retain a competent and knowledgeable DUI defense lawyer, one who is dedicated strictly to DUI defense in order to make sure that every possible issue and defense is explored before you contemplate accepting any kind of offer.
Contact Attorney Ken Hallum immediately if you have been charged with a DUI following a failed breathalyzer test.
Kenneth M. Hallum is a criminal defense lawyer, admitted to the California State Bar Association in 2004, and whose focus is on traffic law in California. As a private defense attorney, he has also served as a conflict public defender, and court appointed criminal defense attorney.
Areas of Practice
ADDRESSLaw Offices of Kenneth M. Hallum
3463 State Street, #439 Santa Barbara, Ca. 93105