Accused of Failing a Breath Test?

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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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