Challenging the Accuracy of Breathalyzers in Orange County
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Challenging the Accuracy of Breathalyzers
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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. You can email Ms. Landry and her staff here. You can also listen to and or download her Orange County DUI Attorneys Podcast episodes by clicking here.
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 whether there was a properly administered 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 a reasonable suspicion that someone is doing something illegal to detain a person. Probable cause is required for the officer to arrest you. In order to pull someone over, including erratic driving or breaking traffic laws, an officer must do so according to proper procedures. 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 suppressed. This may lead to your entire case being 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!
You Only Have 10 Days!
If you do not act immediately, you could lose your right to drive.
When you are arrested for DUI, the arresting officer will confiscate your driver’s license and give you a “notice of suspension” that will serve as a temporary license. California law requires you to choose between a breath or blood test if lawfully arrested.
If you failed to complete or declined/refused a breath test or blood test, the DMV will begin suspension proceedings starting on the 31st day after your arrest.
You must contact the DMV within 10 days of your arrest in order to challenge the suspension of your driver’s license, or it will be suspended regardless of the outcome of your case.
We handle making these arrangements for our clients.
The DMV hearing and your criminal case are two entirely separate parts to your DUI charges. Even if you are not found guilty of DUI, you could still lose your license depending upon how the DMV hearing goes.
Your Orange County lawyer will be able to represent your interests in your DMV hearing to help ensure that you have the best chance at keeping your driving privileges.
If keeping your license is important to you, you should speak immediately with an experienced Orange County DUI lawyer to discuss your options and to learn how your right to drive can be protected.
At Law Offices of Virginia L. Landry, Inc., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
Best DUI attorney in Orange County. She far exceeded my expectations. You can tell she cares about her clients. She’s strategic and relentless. If you want the best results possible, retain Virginia Landry.- Google Reviewer
My case was dismissed DUI, due to her help. I sincerely appreciate it. My case is finally over now. If you have any concerns or cases, and you need help but can't find a trusted lawyer, I highly recommend hiring Virginia. She was very detailed and meticulous on how she handled my case and I couldn't be any happier with the outcome!! She is an excellent lawyer! Do not hesitate to contact her, and again I really appreciate her help!- Bella L.
WOW!!!!! Virginia Landry is an absolute professional who knows what she's talking about. But she doesn't just talk, she is ALL ACTION. I was quite nervous as she was a referral and I'll have to say I'm so glad I was referred. Absolutely incredible and worth every penny spent. Her compassion is beyond my understanding, especially in these times. I can't say enough other than HIRE HER NOW!!! You will NOT be disappointed. A+++++++++- S.D.