Breath Tests Your Fight - Is Our Fight!

At The Law Offices of David M. Wallin, we're here to ensure your case is treated with the utmost care. Learn more by contacting our firm today!

Breath Tests

Qualified Santa Clarita DUI Lawyer

The breath test is a common tool for proving driving under the influence (DUI) offenses. According to California law, a person commits DUI when he or she drives while under the influence of drugs or alcohol, or when his or her blood alcohol concentration (BAC) is 0.08% or higher. Breathalyzers are devices that are used to take drivers' breath samples and measure their BAC levels. It a person's breath test results show that he or she had a BAC that was over the legal limit, this evidence can be used to arrest and charge the individual. Furthermore, prosecutors will bring the evidence to court to try to reach a DUI conviction against the suspect.

If you were arrested and charged with DUI after failing a breath test, you need to make sure that you have a knowledgeable attorney by your side to help you protect your future. At the Law Offices of David M. Wallin, we have Santa Clarita criminal defense attorneys who know the ins and outs of DUI defense, including defense against breath test results.

What You Can Expect

Once you are pulled over for suspected DUI, you will usually be asked to take field sobriety tests and/or to submit to a breath test. At this stage of the process, the law enforcement officer will use a hand-held breathalyzer, which you will be asked to blow into for a breath sample. If you have a breath test reading that is above the legal BAC limit, you will arrested for DUI—though you can still be arrested if you do not fail the test but the officer believes you are displaying other signs of impairment. Once arrested, you might be subjected to further breath tests at the police station.

You should be aware that if you refuse to take a breath test or a blood test after you are officially arrested, you can end up suffering from enhanced DUI penalties, including an automatic one-year driver's license suspension. Furthermore, commercial drivers and drivers under the age of 21 should note that they have different requirements for what is determined a breath test failure, since they have stricter BAC thresholds. For commercial drivers, the legal limit is set at 0.04% when they are driving commercial vehicles. For drivers under 21, the legal limit is 0.1% or higher.

Refuting Your Breath Test Results

If prosecutors have a failed breath test to hold against you, you might feel like there is no hope. That, however, is not the truth. There are a number of things that can lead to false breath test readings, so it might be possible to refute the results of your test. Breathalyzers can be subject to technological errors, especially if the devices were not properly maintained or calibrated like they are required to be. It might be possible to look into the history of the device's testing log to see if there were previous problems in this area. Other factors, such as environmental factors and person's physiology, can also interfere with a breath test. Furthermore, if the law enforcement officer did not take the proper steps in administering the test, he or she could have compromised the validity of your test results.

These points can be very hard to provide without the assistance of experienced legal professionals who has extensive previous experience making these types of arguments in the courtroom. Our team at the Law Offices of David M .Wallin can provide you with this type of inside knowledge. In fact, one of our lawyers is even a former Deputy District Attorney, so he knows how circumvent the arguments that prosecutors will likely try to make against you.

To find out more information about how we can help you challenge your breath test results and your DUI charges, contact our firm immediately. We are available 24 hours a day, 7 days a week to provide you with assistance!

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Your Fight - Is Our Fight

Working With The Law Offices of David M Wallin
  • We Care About Your Future

    Unlike many criminal firms that are solely focused on the hear and now, our seasoned legal experts are committed to making sure that we help develop a strategy or plan for the next stage of your life.

  • Certified Criminal Law Specialist

    Attorney David M. Wallin not only has over three decades of legal experience, but is also a certified criminal law specialist - a distinction that roughly only 180 attorneys in the entire state of California have earned.

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    We're committed to charging a competitive rate for our legal services and offer a variety of financing options. We believe that quality legal representation shouldn't be reserved for those with vast financial means.

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    At The Law Offices of David M. Wallin, we want to make sure that we're completely honest with our clients and their family. At every step of the process, we'll be communicating with you to keep you up to date on any changes to your case.

The Criminal Conviction System

At The Law Offices of David M. Wallin, we know that the state will do everything in their power to make sure you end up behind bars. Because we know this, we'll actively work toward making sure your rights are protected and that your case is treated with the utmost care and urgency.