While the nation is trying to figure out how to survive, we are still here to help with all of your legal needs. We have already implemented procedures to protect our staff as well as our clients. We are available by phone to help you as you struggle through what to do next with your legal concerns. We remain dedicated to providing you top notch service, our legal expertise, and the social distancing that is necessary at this time. Please check us out on Facebook for daily updates as to court closures throughout Southern California. Be well!

Orange County's DUI Queen®
Accused of Failing a Breath Test? Get a Board Certified Expert in DUI Defense on Your Side

Challenging the Accuracy of Breathalyzers

Award-Winning DUI Defense

In California, it is unlawful for a driver to operate a motor vehicle while with a BAC of .08% or greater. To prove that a driver is DUI, law enforcement will often administer a breathalyzer test. This will gauge the concentration of alcohol in the driver's breath. If it shows a result of .08% or greater, the driver will be charged with DUI.

Were you arrested for DUI? Did you submit to a breathalyzer test or refuse this test? At the Law Offices of Virginia L. Landry, we offer competent legal counsel to clients throughout all of Orange County, California who have been pulled over and arrested for DUI and who failed or refused breathalyzer tests. In these cases, you are at risk of facing driver's license suspension and criminal charges. We offer you the attorney representation you need at both your DMV hearing and in criminal court in order to seek the best possible result on your behalf.

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.

Breath Test Refusals in California

Under California's Implied Consent law, a driver arrested for DUI in Orange County must submit to a breath test or blood test. A refusal of a breath test will result in the automatic suspension of your driver's license.

Whether you have been accused of failing a breath test or of refusing a breathalyzer after a DUI arrest, Attorney Virginia Landry could help. Contact us today!

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Reasons to Choose Us

When Your Future Is On the Line, You Need
a Qualified Attorney to Represent You.
  • Rated a "Top DUI Attorney" and Board Certified in DUI Defense

  • Achieved a Perfect 10 out of 10 Superb Rating on Avvo

  • Past President of the West Orange County Bar Association

  • Certified as a Standardized Field Sobriety Test Instructor

Client Testimonials

Read How We Have Protected Our Clients' Futures & Rights
  • “Everyone has been amazing and the experience has been more than a pleasant one.”

    Past Client

  • “I was finally treated fairly by the DMV because I had a competent and prepared attorney.”

    Past Client

  • “For those in need - give them a call”

    Past Client

  • “They answered all my collect calls from jail and went above and beyond what I expected.”


  • “My case recieved the best possible outcome with all charges dropped.”

    Aryan Pouranpir

  • “Love the team. Amazing attorney and staff.”

    Past Client

  • “I truly appreciate all the hard work and correspondence you and your staff has provided.”


  • “I recommend everyone who needs an attorney to come here.”


  • “Choosing you and your firm as my partner to go through this ordeal was a Godsend.”


  • “I am grateful that we chose Law Offices of Virginia L. Landry.”


  • “She treated me like I was the most important call of the day. She listened carefully and respectfully.”


  • “I would refer them in an instant!”


  • “I will confidently be able to say I can recommend a firm that will take care of them and it will the Law Offices of Virginia Landry!”


  • “Your compassion and care is appreciated and will never be forgotten.”


  • “She is great! I could have not picked a better attorney office to serve.”