Can I Challenge a Breathalyzer Test in California?

If you have been arrested for a DUI (Driving Under the Influence) in California, there is a good chance that you submitted to a breath test. If your breathalyzer results contributed to the charges being brought against you, it is important that you understand your legal rights and whether you can challenge the test. Continue reading for more information and secure skilled representation from a knowledgeable Tehama County challenging DUI evidence lawyer at Cohen Criminal Law today.

What is a Breathalyzer?

A breathalyzer is a device that measures a person’s BAC (blood alcohol concentration). It is often used by law enforcement to determine whether a driver is operating a vehicle while under the influence of alcohol.

Under California Vehicle Code 23152(b), it is illegal to drive a car with a BAC of 0.08% or higher. Police officers use breathalyzers during traffic stops and after arrests to measure the driver’s BAC and determine whether it is above the legal limit.

Can I Challenge a Breathalyzer Test in CA?

While breathalyzer tests are often the foundation for DUI charges, it is crucial to understand that these devices are not perfect or foolproof. Breathalyzers can malfunction, be misused, provide false positives, and more. Because of the potential for inaccuracy, you may be able to challenge the results.

Below are some reasons you may be able to challenge the validity and accuracy of your breathalyzer test.

• Calibration or maintenance issues: Breathalyzer devices must be regularly calibrated and maintained to ensure accurate readings. If the device used in your case does not meet these standards, the results can be questioned.
• Operator error: It is also possible that the officer who administered the test made a mistake. If they failed to follow the correct procedure or were not adequately trained, the results could have been skewed.
• Medical conditions: Certain medical conditions, medications, and even diets can cause false positives and inflate a BAC reading.
• Interfering substances: Depending on the situation, certain substances can interfere with a breath test. Toothpaste, hand sanitizer, breath spray, mouthwash, and more could result in an elevated BAC result.
• Rising BAC: Depending on the time that the breath test was administered, relative to the time when you stopped drinking, it is possible that you were under the legal limit while driving, but alcohol continued to be absorbed, resulting in you testing over the legal limit later on.
• Unlawful stop or arrest: You could also attempt to get your case dismissed by providing evidence that the initial traffic stop or your DUI arrest was unlawful, as in made without reasonable suspicion or probable cause. This would deem the results of your breathalyzer test inadmissible.

Understanding your legal rights regarding breathalyzers is crucial when facing DUI charges. Reach out to a skilled attorney for more information today.