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- What is a “blank error” on the Datamaster DMT Breath Machine?
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- Is Low Volume In A DUI Blood Vial A Potential Defense?
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- Can Physical Ailments Such As Long Covid Cause False Positives During Field Sobriety Tests?
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What is a “blank error” on the Datamaster DMT Breath Machine?
The machine uses infrared principles to test the alcohol concentration in a breath sample. A beam of infrared light passes through the chamber and measures the concentration of alcohol molecules based on the reduction of energy as the beam passes … Continue reading
Can a DUI Prevent You From Entering Canada?
The question of whether a pending DUI or a conviction for driving under the influence in California will bar travel to Canada is a recurring question that has been a source of confusion for many decades. You see, Canada has … Continue reading
Is Low Volume In A DUI Blood Vial A Potential Defense?
Here is the situation: You were arrested for DUI and submitted to blood testing, the sample came back above .08 but the volume of blood in the tube is below the normal quantity (typically 10 ml). The question becomes is … Continue reading
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Tagged blood testing, blood vial, DUI, Torrance DUI Attorney
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MUST a Marine Corps Reservist self-report a DUI Arrest that occurred while the Marine was NOT on duty (in status)?
Discussion- The Navy has a NAVINSTR-, Nav Instruction, that MANDATES that Sailors (and Marines too), self-report ANY arrest or criminal charge. I used the term MUST above because it is the basis of a criminal charge. That is, if the … Continue reading
Can Physical Ailments Such As Long Covid Cause False Positives During Field Sobriety Tests?
The PAS requires a certain amount of breath pressure before it will capture a sample of breath suitable for a BAC result. Many folks have physical limitations or breathing problems that limit their ability to perform. For example, if a … Continue reading
The DMV Must Prove A Driver Was Properly Admonished Of The Consequences In Order To Suspend A License For A Refusal
When a driver was not admonished in compliance with Vehicle Code section 23612(a)(1)(D), because the officers improperly read the admonition or misstated the admonition, a refusal finding cannot be sustained at a DMV hearing. Decker v. Department of Motor Vehicles, … Continue reading
If you have been recently arrested for DUI and plan on traveling to Canada, you may face some obstacles.
For context, Canadian immigration officials sometimes ask foreign nationals entering by foot, car, bus, train, boat, or plane whether they have ever been arrested. By the official’s training, experience, and hunches, follow-up questions would depend on the traveler’s answer and … Continue reading
Were You Arrested For DUI and “Submitted” To a PAS Breath Test? You May Need To File A Motion To Suppress
In many cases the police take a breath sample in the field (PAS, short for preliminary alcohol screening) and fail to properly advise the person of their right to refuse under California law. Because the officer is seeking a sample … Continue reading
Arrested For DUI, Do You Need A Criminal Defense Attorney Or A DUI Lawyer?
In California the charge of driving under the influence is a misdemeanor criminal offense unless someone is hurt or the accused has more the 3 priors in the last 10 years. The offense carries stiff penalties such as potential jail … Continue reading
Does a Pilot Need To Report A Refusal to the FAA?
The answer to this question requires a brief discussion laws, rules and regulations. First, 14 Code of Federal Regulations (CFR) 61.15(e) requires that everyone holding a pilot’s license report motor vehicle actions (see 61.15(c) for definition but it includes DWI/DWAI … Continue reading
Matthew Ruff, Criminal Defense Attorney 