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DUI FAQ
DUI Accidents
DMV Hearings
2nd & 3rd DUI
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Breathalyzer Tests / Refusal
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Breathalyzer Testing and Refusing it

One of the common tests given to a driver in a DUI case is a breathalyzer test. The purpose of this test is to establish your blood alcohol content (BAC) level, and whether or not you were driving under the influence. Drivers with a BAC of 0.08% or higher, or persons under 21 with a BAC of 0.01% or greater, are considered legally intoxicated. Breath test results are used in court as evidence of intoxication in your DUI case.

DUI consequences can include probation, jail time, fines, restitution, alcohol and/or drug treatment, community service and license suspension or revocation. In cases involving a BAC of 0.16% or higher, the sentencing can be especially severe. There are various ways that test results can be challenged that could result in the evidence being suppressed.

Refusing the Breath Test

Under state's implied consent law, if you are driving in the state you are required to take a breath test upon being lawfully arrested. Law enforcement will carry a handheld Preliminary Alcohol Screening device allowing them to carry out a test even on the side of the road. This test is not required under the law for those 21 or older. Refusal may be done by remaining silent, not completing the test or refusing it even if you were only asked once. Your driver's license can be suspended from six months to a year if you refuse to take a breath test, in addition to the other penalties that can be faced if you are convicted. After refusal, a DMV hearing may be requested in which it will be necessary to demonstrate if the arrest was lawful, if there was reason to suspect you of drunk driving, if the officer properly communicated the outcome of refusal and if you did in fact refuse.

Errors During Testing

Breath test results can be extremely inaccurate if the machine wasn't well maintained, standard procedures weren't followed in administering the test, or the person operating the testing equipment wasn't properly trained. We can evaluate your breath test results and dispute the testing if:

  • The equipment used in testing wasn't properly maintained
  • Testing procedures were not followed, or were altered in some way
  • The person administering the test wasn't sufficiently trained or qualified

There may be other reasons that resulted in improper testing that we will also explore. You can count on our office to aggressively defend your rights at all times, and provide skilled representation during legal proceedings.

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Floyd, Skeren & Kelly, LLP - Los Angeles DUI Attorney
Located at 8383 Wilshire Blvd, Suite 649 Beverly Hills, CA 90211. View Map
Phone: (888) 660-3554 | Local Phone: (310) 399-5078.
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