Los Angeles Criminal Law Blog

When people in California are charged with a crime, they may appear in a physical or photo eyewitness lineup. Although this form or suspect identification is still being used in many states in the nation, it has shown to provide unreliable results. Lineup procedures, as well as limitations of the human memory, have made it rather common for the wrong person to be chosen from the lineup. This may lead to wrongful convictions when this information is used as evidence in court. In some states, strict procedures have been put in place.

According to the Innocence Project, 358 people in the United States have been released from prison after DNA evidence showed they were innocent of committing a crime. Approximately 70 percent of these cases involved witnesses choosing the wrong person from a lineup. Once a person is identified, it can be extremely hard to convince a judge and jury that he or she did not commit a crime.

If you are pulled over in California on suspicion of driving under the influence of alcohol, you may be asked to undergo a roadside breath test. Although law enforcement officers use this test to determine whether a person is driving drunk, studies show the results of the test are often inaccurate. In fact, they can differ by at least 15 percent from the results of a blood alcohol test. This could lead to a wrongful DUI charge.

Research from the State University of New York at Potsdam shows that the readings on a hand-held breath test device may differ from the results obtained from an actual blood alcohol test. The breath test is designed to detect the amount of alcohol contained in a breath sample and convert that amount to a blood alcohol content level. The problem lies in the fact that substances found in a person’s mouth and in the environment, can affect breath test readings. In some cases, it can inflate the results. Environmental pollution, dirt, cigarette smoke, gas fumes, as well as the relative humidity and temperature can all affect breath test readings.

When individuals are arrested for DUI here in California, one of the things they may be asked by officers is to take a chemical test to gauge BAC level. This could include things like a breath test or a blood test. Can a person refuse this test?

Under California law, a person is subject to penalties if he or she refuses a lawful chemical test request an officer made as part of a DUI arrest. So, while a BAC test could be refused, such a refusal can expose a person to significant consequences.