Breath Tests & DUI
Breath tests are commonly administered after DUI arrests by having a driver blow into a machine which then evaluates his/her blood alcohol concentration (BAC). If this number is found to be 0.08% or higher, the driver will most likely face DUI charges. It, however, is important to note that even when a client fails a breath test, a skilled lawyer may be able to secure a win in court.
At Gold & Witham, we use our vast knowledge and experience (specifically in the area of breath tests) to help our clients with their Long Beach DUI charges.
Contesting Breath Test Results in Long Beach
Breath tests are not completely accurate 100% of the time. They are subject to operator error, improper calibration, and even influence from external sources. A driver's unique physical condition, illness, or other factor may actually cause a breath test to read higher than it should.
For instance, several factors which may come up include the following:
- Did you burp or vomit in the 15 minutes prior to the breath test?
- Do you have a gastroesophageal condition that may cause a high result?
- Was the test administered correctly?
- Was the breath test machine calibrated properly?
What happens if I refuse to take the breath test?
Refusing to submit to a chemical test results in harsh penalties. California's Implied Consent Law mandates that an individual who has signed for his/her driver's license has agreed to chemical testing when arrested for DUI. Although penalties are severe for refusing a breath test (including mandatory license suspension), a DUI lawyer may still be able to defend you successfully.
There are valid defenses for this particular offense. For example, a person may not have meant to refuse the test, but was simply unable to provide a valid sample. In the case of a breath test, this may occur when a driver cannot blow enough air into the device. If the officer records this as a refusal, a defense lawyer may be able to contest this. That is just one potential example.
There are a number of ways a DUI attorney may be able to help you—even if you refused chemical testing or were accused of refusing a chemical test.
Aggressive Defense for DUI Charges in Long Beach
With more than 40 years of combined legal experience—and a practice that is devoted to DUI defense—the Long Beach DUI lawyers at Gold & Witham are qualified to represent clients who have been accused of either failing the breath test or refusing to take it.
Our attorneys can review your particular situation and determine how to best approach the defense of your Long Beach DUI charges. As long as we are on the case, we will not give up. We will explore all options in defending your charges involving a chemical test refusal.