I have a CA DMV hearing coming upmy BAC came back exactly .08. What could I do to show my BAC came back a false high

If it is a blood test, you can have it re-tested. This may not be enough, and you should consult with and hire a good DUI lawyer to conduct this hearing. Other possible defenses for .08 results can be the margin of error in blood or breath testing, rising BAC, contamination of blood samples. You will need to have your attorney request any blood re-test through the DA's office. If this is in San Mateo County, the DA has a form that you and your attorney need to sign, file with the Clerks office and send a file stamped copy to the Toxicology Lab that tested the sample. Again, this should be done through an attorney. In order to better answer your question, I would want to know a lot more information. This would include times and amounts of food and alcoholic beverages. Your medical condition can also factor into this case.

I agree with what the previous attorney said. This charge is definitely worth fighting based you being so close to being within the legal limit. Just a small mistake made could create reasonable doubt. Worst case scenario you should be able to get a good plea bargin. Depending upon how the science works out on the restests, you will have a lot of options. So go find a good attorney asap and get started. Best wishes, Jason Beahm Beahm Law San Francisco, CA 94107 www.californiacleanrecord.com www.beahmlaw.com

In a DUI, there are a lot of ways to fight a close case. All of those are difficult to list here. Discuss the case with an attorney and consider going to trial if your attorney is able to find problems with the prosecution's case. It would be a very good idea to obtain all the maintenance and calibration logs, computer print out of all activity, and a memory download of the machine used. The content of this response has been prepared for informational purposes only and should not be construed as legal advice. The material presented is not intended to create, and receipt of it does not constitute, an attorney-client relationship, and readers must not act upon it without seeking the advice of independent professional counsel.

As stated above you can have the blood re-tested if it was a blood test, and get the calibration logs if it was a breath test to check reliability of the results. Even if it comes back exactly .08 there is still an argument of rising BAC. The time between your driving and your test will determine if this is an appropriate defense. Essentially the argument is you were driving at 7:00pm and the test was given to you at 7:30pm resulting in a .08 reading. However in the 30 minutes between driving and the test your bac could have risen .01 percent or more so even the .08 reading at 7:30 doesnt establish a BAC of .08 at the time of driving. COntact a DUI attorney to discuss your particular facts and see which approach is best for you.