In California, a person cannot legally operate their vehicle with a blood alcohol content level of .08 percent or higher. Police routinely use breathalyzers to prove a driver is, in fact, under the influence. If the device shows a reading of .08 percent or higher, the person will be placed under arrest, his or her vehicle will be impounded and the driver will be charged with a DUI.
In most DUI arrests, the suspect will be asked to submit to a breathalyzer test. Whether a breathalyzer was taken or refused, our lawyers can help you fight a DUI charge. After all, there is much at stake, including losing one’s ability to drive a car and/or other criminal charges.
Our office can help clients during the criminal proceeding as well as with DMV hearings in order to ensure the best result possible.
Experienced DUI defense attorneys will challenge the reliability of breathalyzer test results as suspect because they are prone to operator error. Your attorney will need to determine whether the machine has been calibrated and properly maintained per state guidelines. If the maintenance of the machine can be questioned, so can the legitimacy of its results. Other areas of inquiry include challenging the police officer’s training and experience with the machine’s operation.
By doing a little bit of research in the case, a good DUI attorney can determine how best to challenge the breathalyzer results.
In California, every driver on the road implicitly agrees to a chemical test to determine their blood alcohol level when arrested for DUI. Under this law, any DUI suspect who refuses to submit to a chemical test will have their license automatically suspended.
DUI offenders who have failed or refused to take a breathalyzer or blood test need to call an aggressive attorney willing to fight the refusal and mitigate its harsh consequences.
Client charged with DUI after witness called into 911 reporting drunk driver who crashed in a residential neighborhood. Negotiated a reckless driving plea for client and also successfully stopped the license suspension by by winning the DMV hearing. (People v. Elysse F.)
Client faced felony DUI charges after getting into car accident while intoxicated. Faced up to 3 years in prison, and an additional 3 years for great bodily injury enhancement. Negotiated misdemeanor deal without any jail or community service and avoided the 1 year license suspension. (People v. Sherrie D.)
First time DUI charge dismissed against driver stopped on suspicion of driving under the influence. Negotiated dry reckless for client prior to trial. (People v. Derrick J.)
Felony charges for DUI against client for a t- bone collision in intersection. Defendant ran from the scene and charged with hit and run. Previous attorney had negotiated felony plea with credit for time served. Took over representation and negotiated misdemeanor sentence without jail time or community service when trial date was set. (People v. Dennis A.)
Client stopped for DUI after officer allegedly saw vehicle commit Vehicle Code violations. Client’s blood alcohol pattern (rising blood) provided a defense and DUI dismissed, with client admitting dry reckless charge. (People v. Michael T.)