Being pulled over on an accused DUI in Los Angeles County is scary enough…but what are you supposed to do when presented with the need for a blood alcohol content (BAC) breath test? The dreaded breathalyzer has been the source of much controversy for California DUIs…not least because its accuracy is hotly contested. What are your rights when it comes to breath tests? Read on for more information on breath tests in California.
Why do police officers give breath tests in Los Angeles anyway? One reason and one alone – they are searching for evidence that you are driving under the influence. Moreover, as a Californian you are required to take a blood alcohol content (BAC) test – if you refuse, you fall under the “implied consent law,” which states that your license may be immediately suspended for between six months and a year. However, you may request an alternative form of testing – and you may wish to do so after reading this article.
In California, it is illegal to drive with a BAC of 0.08 or above. Those under 21 are considered DUI under California’s “zero tolerance” law, which considers a BAC of 0.01 or higher DUI for younger drivers. In addition, if your blood alcohol content is 0.16 or higher, you could be on the hook for harsher penalties geared to the extremity of your offense.
Though you are basically required to take a BAC test to prevent losing your license, many factors can affect the outcome of your breath test. Medical conditions, recent exposure to chemicals or fumes, substances that interfere with the test, and an officer’s failure to properly administer the test or interpret its results can all lead to botched breath tests. In fact, there are as many ways to botch a breath test as there are police officers in California – so don’t rely on the officer to properly determine your BAC. Instead, seek legal help the second you receive your DUI conviction. The right Los Angeles County DUI lawyer knows how to spy loopholes, errors, and misreads on your BAC test – and can construct a legal defense powerful enough to get your charge lessened or dismissed or lessen your sentence if you are convicted.
Don’t go it alone – contact the Law Offices of Stephen R. Brodsky today for more information on their 23-year-long track record and great outcomes for clients. Your phone consultation is free and completely confidential.