When preparing for an “Administrative Per Se” or “Zero Tolerance” hearing, one of the most difficult hurdles facing a California driver is the successful attack of the blood, breath, or urine evidence in their case. As discussed in other chapters of this web site, California Law mandates that a driver who is legally arrested for suspicion of DUI, is on probation for a previous DUI or, is under the age of 21; must submit to a chemical test to determine the level of alcohol in his or her blood.
Once the driver has complied and allowed a chemical test to be taken, the results of that test become an essential piece of evidence used by the California Department of Motor Vehicles to justify (sustain) the complete suspension of that person’s driving privilege.
Why Do I Need a Forensic Alcohol Expert?
As your administrative hearing begins, the DMV hearing officer is permitted to assume that the blood, breath, or urine test was properly administered and that the evidence was properly seized. The hearing officer will assume that the technician who analyzes the samples is properly trained and certified. The hearing officer will assume that the equipment used in the collection and analysis of the samples was properly calibrated and maintained. Essentially, the DMV hearing officer is permitted to assume that everybody performed their job correctly; everything was processed properly and that the alcohol evidence against you is 100% correct. If necessary, the DMV can subpoena experts from the individual police agencies and/or crime labs to support this presumption.
Blood, breath & urine tests may be inaccurate. Fight it!!!
California Law mandates that a person facing the suspension or revocation of their driving privilege be permitted to defend themselves, and further, that they be permitted to rebut the evidence against them.
A Forensic Alcohol Expert Can Attack Inaccurate Results
Forensic Alcohol Experts Increase Your Chances of Success at a Hearing.
Attacking the accuracy and reliability of scientific evidence is the job of the Forensic Alcohol Expert, sometimes referred to as a Forensic Toxicologist. A Forensic Alcohol Expert is a scientist with expertise in analyzing and determining the presence of alcohol in blood, breath, or urine samples. Properly presented at a DMV administrative hearing, the testimony of a Forensic Alcohol Expert can be vital in proving that a chemical test was not properly administered or that the evidence collected is not reliable.