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Presumption in DUI Trials
The Presumptions in DUI Trials
Driving under the influence is a criminal offense against California Penal statute. If the crime is a felony, then if the individual pleads not guilty then the case goes to trial. When the case goes to trial, then the jury needs to see all the evidence and the facts would prove beyond a reasonable doubt that the crime was committed.
When the case goes to trial, there are presumptions taken to trial which the jury accepts as fact. The following are the inferences in DUI trials.
- If a chemical test was conducted and all the requirements for the proper implementation of the said chemical test was followed, then the results of the test establishes beyond a reasonable doubt as to the driver’s blood alcohol concentration levels. If the results were above the legal limit, it is reasonable for the jury or judge to conclude that the driver was operating a vehicle under the influence at the time of the commission of the act.
- The failure of the officer or technician conducting the chemical test to follow the protocols set forth by the California State Department of Health would make the results of the test impeachable and thus put the accuracy of the test results in doubt.
- The chemical test must be conducted within three (3) hours of the arrest for the operation of the motor vehicle. If this is followed, then the results can provide the jury the proper inference to prove beyond a reasonable doubt as to the actual blood alcohol level of the driver at the time of the operation of the vehicle.
- The evidence taken for the chemical test that need to be taken within three (3) hours are the following:
- a sample of the defendant’s blood, breath or urine;
- the chemical analysis results in a limit of 0.08% or more in the sample/s taken
- The failure to comply with the regulations set forth by the California State Department of Health for the taking of the samples from the defendant may put the said samples under scrutiny as to the accuracy and viability of the samples taken.
These inferences or presumptions in DUI trials can be rebutted by the defendant’s own evidence. In order to be properly advised and guided on the steps towards facing this kind of legal problem, then call the DUI Lawyers of the Law Offices of Ramiro J. Lluis for a free consultation today.