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How a Toxicologist Can Help Your DUI Case in Los Angeles
When charged with driving under the influence (DUI) in Los Angeles, prosecutors must prove that you were driving a vehicle under the influence of drugs or alcohol beyond a reasonable doubt. The prosecution relies heavily on the observations of the arresting officer in addition to toxicology reports that detail the chemical testing you underwent when arrested. If you refuse to submit to testing, you may still be charged with driving under the influence in addition to a charge for refusal which will result in additional penalties, fees, and mandatory jail time.
But just how reliable are these toxicology reports in determining whether or not you were truly under the influence while driving? The answer lies in the complex scientific study of foreign chemicals’ effects on the body, known as toxicology, and the expertise of toxicologists, who are trained to study the relationship between absorption, metabolization, and the body’s alcohol level.
Toxicologists can be your go-to ally when facing DUI charges in Los Angeles. Here’s why:
Benefits of Hiring a Toxicologist for Your DUI Case
1. Help Challenge Testing Results
Toxicologists can challenge the results of your blood alcohol content (BAC) test by acting as an expert witness for the defense. Many factors can affect your BAC level at the time of testing, and these factors need to be considered for an accurate result. By utilizing the services of a qualified toxicologist, you can better challenge the results of the test, especially if your blood alcohol level at the time of testing was different than when you were driving.
2. Understanding of the Blood Testing Process
Toxicologists have a deep understanding of the blood testing process that allows them to testify regarding its reliability, in addition to identifying any issues with errors that can threaten the results’ integrity and veracity. Since many of them were previously employed by law enforcement labs, they are also familiar with the procedures and can offer a different perspective.
3. Retesting of Blood Samples
Law enforcement in California is required by law to set aside a sample of your blood sample to allow for testing by an independent lab. With a blood split order and a retest, a toxicologist can help challenge the original results. If the results of the independent lab are favorable, the testimony from the toxicologist can be a crucial element of your defense team’s success.
4. Testimony during DMV Hearings
Toxicologists are also invaluable during DMV administration hearings. They can testify about the calibration and maintenance record of the blood testing equipment and the issues related to your BAC level at the time of testing. Additionally, they can explain how it can differ from the true BAC while you were driving. The toxicologist’s testimony can help in setting aside your driving suspension.
Don’t Wait, Hire a Los Angeles DUI Attorney Today
Getting arrested and charged with DUI in Los Angeles can be stressful and overwhelming, but that doesn’t necessarily mean the charges will stick. Utilizing the services of a qualified toxicologist can be a critical component of building a strong defense. If you were recently arrested for DUI, get in touch with Todd Spodek – a skilled Los Angeles DUI Attorney to help you fight the charges aggressively. Contact us today to discuss your case, and we will assist you in every defense option available.
A DUI conviction in Los Angeles has severe consequences that could affect your future in many ways. Even if it’s your first conviction, a DUI charge could lead to hefty fines, probation, driving restrictions, mandatory attendance to rehabilitation programs, suspension of your driving privileges, and even jail time. However, if you work with experienced professionals such as Los Angeles DUI Attorneys, there’s a higher chance of reducing or dropping the charges. One way this is done is with the help of toxicology experts.
Toxicology experts, also known as toxicologists, are scientists who specialize in studying the effects of toxic substances on the body, including drugs and alcohol. These professionals could help to build a strong defense against the prosecution’s claims during a DUI case. The reliability of a toxicology report could be questionable due to many factors, which is where toxicologists come in. By examining the nuances of the tests conducted on you, toxicologists can identify inaccuracies in the report or any potential errors during the testing process, which could be used as a defense.
Here are several ways toxicology experts can help to overturn a DUI conviction in Los Angeles:
In many DUI cases, the prosecution claims that you were under the influence of drugs or alcohol when the accident occurred, leading to the blood or breath test. As a defendant, you need to prove otherwise. The prosecution will often reconstruct the events leading up to the crash to support their claims. Toxicologists could review the reconstruction and identify anomalies, discrepancies, or inconsistencies, helping to challenge the prosecution’s claims.
| Toxicology Expert | Ways of Helping to Overturn a DUI Conviction |
| Providing Expert Witness Testimony | Toxicology experts are professionals, and their opinions usually carry a lot of weight. They can provide testimony to support your defense during your trial or DMV hearing. By detailing the errors, inconsistencies, or inaccuracies of the prosecution’s toxicology report, they present a compelling alternative perspective to sway the judge or jury in your favor. |
| Case Review | Toxicologists could painstakingly analyze the case to identify whether the prosecution’s BAC test results were legitimate. They will investigate whether the testing equipment used was properly calibrated, maintained and operated. Also, they could seek to know how the sample was stored, how long it was held, or the lab’s chain of custody processes. Inconsistencies in these processes could provide strong in-court evidence. |
The accuracy of the toxicology report is essential for the prosecution to build a case against you. Toxicologists could point out factors during the test that could lead to an inaccurate result. These include issues with the handling of the samples, potential contamination, and variations of the samples due to different environmental factors such as improper storage, temperature, and so on.
The prosecution could use drug and alcohol tests to hold you liable. However, tests only show recent use, and a positive test does not amount to driving under the influence. Toxicologists could testify to help clarify this point to the court, building your defense in the process.
Blood and breath tests rely on various factors, which could lead to inaccurate results. These factors could include your gender, age, eating habits, health condition, or even medication history. Toxicologists could examine these factors and make compelling arguments supporting in-court evidence.
Final Thoughts
Working with toxicology experts is essential in a DUI case, as it could help to reduce or drop the charges altogether. The experience and expertise that these professionals bring to your case will ensure that all reasonable and viable defense lines are explored. If you’ve been charged with DUI in Los Angeles, get in touch with Todd Spodek – an experienced Los Angeles DUI Attorney – to learn how we can help you overcome the prosecution’s case against you.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
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CALIFORNIA CRIMINAL DEFENSE ATTORNEYS