Under California Vehicle Code 23152, it's unlawful to drive under the influence of alcohol. A driver with a blood alcohol concentration (BAC) of 0.08 or higher is considered to be driving under the influence. A DUI conviction can carry harsh legal penalties, including fines, probation, community service, the loss of your driver's license, and jail time.
In Los Angeles County, there are thousands of driving under the influence cases filed every year.
Breathalyzer Exam
One of the primary factors a prosecutor and jury consider when deciding guilt is your breath test results at the time of arrest. A breathalyzer exam is a common method used by police to determine your blood alcohol concentration.
After police have pulled you over, you will be asked to perform some field sobriety tests, and they will administer this exam if they have reason to believe you were driving under the influence.
This exam consists of you breathing continuously into the breathalyzer machine, which analyzes your breath and then calculates your BAC. If your BAC is above the legal limit of 0.08, you will be arrested at the scene on suspicion of driving under the influence.
A second breathalyzer exam is typically administered once you arrive at the police station. If you have a BAC over the legal limit, you should expect to be formally charged with driving under the influence. It's important to note that the second breathalyzer results are admissible at trial.
It's also important to note that a breathalyzer result over 0.08 does not guarantee a DUI conviction. Rather, you can challenge the results of the breathalyzer exam and might even win your case. If you have been arrested for suspicion of drunk driving, you need to have a lawyer review the details of your case regardless of any chemical tests performed.
Breath test results in DUI cases in Los Angeles are not an exact science and could be challenged by our attorneys. As stated above, the results of these breathalyzer exams are the primary factor used by prosecutors, judges, and juries to convict people in driving under the influence cases.
How to Challenge the Results of a Breathalyzer
It's a common belief by many people who have been arrested for DUI that their results on the breathalyzer exam can't be challenged, and their case is lost. This is simply a common myth and has led to countless individuals being convicted of DUI over many years.
An experienced Los Angeles DUI attorney can use various methods to challenge the results of a DUI breath test, depending on the specific details of your case. For example, we might be able to show you have a medical condition that caused the breathalyzer to show your BAC was higher than it was.
The final result of your DUI breath test is the starting point of your case. It will determine the nature of your case. We might be able to make valid legal defenses that could put the breath test examination into question and ultimately beat your DUI case. Let's review the various common methods below to challenge the results of a breathalyzer exam.
Showing that Breathalyzers are not Reliable
Experts who testify in DUI cases typically accept that the breath test machines used by police are not always accurate. These machines have an “error rate,” which means that in a close case, a lawyer could use this to beat your case or at least use it as a tool to negotiate with the prosecutor for a favorable plea bargain. Published articles show that breathalyzer machines are not always reliable.
Some scientists have concluded that breathalyzers fail the legitimacy test. An experienced lawyer can challenge the breathalyzer results by showing inaccurate results, meaning they lack reliability.
It should be noted that the DUI cases having the best chance of a favorable outcome using this type of challenge are the cases where the reading on the DUI breath test machine are close to the legal limit and when you were able to pass some field sobriety test.
When the DUI Breath Test was Administered
Another method to challenge the DUI breath test results involves determining when the breath test was actually administered in relation to when you were observed by police driving the vehicle. The primary factor in this challenge is not what your blood alcohol level was when the breathalyzer exam was taken.
Rather, it's what your blood alcohol level was at the exact time you were driving a vehicle. This important question is relevant in finding you guilty of drunk driving. The more time that has elapsed from the exact moment your DUI breath test was taken, the more difficult it becomes for the prosecutor to prove your actual blood alcohol level at the time you were driving.
It's important to note that the breathalyzer exams are administered by arresting police officers who have been trained to administer them. It's possible to argue the officer may have given you the breath test incorrectly or lacked adequate training. We could challenge the results by showing a lack of training can produce inaccurate results. We could also argue that the breathalyzer was not properly calibrated and the results were inaccurate.
Challenge the Breathalyzer Test was an Illegal Search
Police officers are legally required to follow procedures when conducting a traffic stop. In other words, they must have reasonable suspicion to pull you over on a traffic stop, meaning they have to have probable cause that you were driving under the influence before they can administer a breathalyzer. If we can show the police officer didn't properly demonstrate both, the breathalyzer exam might be considered an illegal search.
Our Law Firm Can Review Your Case
Every person processes alcohol in different ways, and many factors influence the results of a DUI breath test. A few examples include height, weight, and what food they ate within the hours of drinking and driving. California is an implied consent state, meaning you will lose your license if you refuse to take a breathalyzer exam during a traffic stop.
Our law firm will aggressively defend you in your DUI case. We must first closely examine all the specific details to develop an effective defense strategy. Contact us to learn how we can fight your driving under the influence charges. We can guide you through the DUI court process.
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