Patrick J. Silva
Silva & Silva
Attorneys at Law
* 17 Years of Top Level DUI Experience!
* I Teach Other Lawyers DUI Defense!
* Well Known & Respected in the Courts!
Best Riverside and San Bernardino Dui Lawyer Explains CHP and Breathalyzer Test.
Q. I was in an accident and got charged with a misdemeanor dui. I had to blow to test my alcohol level but the officer said I blew high for THEIR standards because their standards were different than the states. I was charged with code 23152 (a)
A. The California Highway Patrol are a California State Police agency and apply the California State standard. If you are under the age of 21 the standard is much lower and your license gets taken away for a minimum of one year. But that is still California law. I don't know what the officer meant by "their standards."
Their standards aren't different but VC 23152(a) does not specify a BAC level by charging only the "a" count you may have tested below the legal limit. You can still be prosecuted for driving under the influence if the officer thought you were impaired and that impairment caused the accident. You will need to talk to a lawyer about the facts of your case and possible defenses.
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