In the state of California, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) or 0.08% or higher. In order to prove a motorist is driving under the influence, a police officer will administer a breathalyzer test. If the test proves the motorist was operating their vehicle with a BAC above the legal limit, they will be charged with DUI.
If you have been charged with a DUI after a positive breathalyzer test result, hope is not lost. There are ways to challenge a breathalyzer test result and get your DUI charge dismissed.
3 WAYS TO CHALLENGE A BREATHALYZER TEST
Breathalyzer test results are prone to error, and the dismissal of a test result is possible depending on the circumstances surrounding the quality of the device and administration of the test. An experienced criminal defense attorney can help you challenge a breathalyzer test in the following ways:
Improper device calibration. Breathalyzers must be calibrated every 10 days or 150 subjects, and according to state standards in order for the test result to be admissible in court. If the machine was not calibrated properly, the test result may be challenged and dismissed.
Operator error/Insufficient training. If the officer who administered the test did so incorrectly, the test result may be deemed unreliable and dismissed.
Insufficient cause. Police officers must have probable cause in order to pull someone over, including erratic driving and breaking traffic laws. They also must have reason to believe that you were intoxicated before administering a breathalyzer test. If either of these is absent, your Fourth Amendment rights were likely violated, and the breathalyzer test result may be dismissed.
A qualified criminal defense attorney can help you challenge a breathalyzer test result on the above criteria. At the Law Offices of Virginia L. Landry, we’re well-versed in this area of law and we can offer the attorney representation you need at your DMV hearing and in criminal court.