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.