When you are pulled over and asked to take a breathalyzer test, the last thing you may expect is for the results to indicate that you are under the influence. Unfortunately, there may be several reasons that the breathalyzer results can be skewed, but this can still result in your arrest and charges. As such, understanding if it’s possible to challenge the outcome of a test is critical. The following blog explores what you should know about these matters, including the importance of working with a DUI lawyer in Sacramento, California to explore your legal options during these times.
How Does a Breathalyzer Work?
If you are pulled over and the officer has reason to believe you are driving under the influence, you may be asked to take a breathalyzer test. This is a device used to measure your Blood Alcohol Concentration (BAC) through your breath. As such, you will be asked to blow into a small tube attached to a device and, if there is ethanol on your breath, it will cause a chemical reaction with the catalyst in the device to produce an electric current. The strength of the current will then produce a reading of the BAC from the sample provided.
If your BAC result is at or over the legal limit of 0.08% or higher, you will automatically be charged with a DUI in California, as no other evidence is necessary to show that you have violated the law. However, if your BAC is less than the legal limit but still detectable and the officer has other evidence to show that you are inebriated, you can still be charged with driving under the influence.
It’s also important to understand that California has an implied consent law, which means that by driving on the roads, you automatically consent to undergo chemical testing. Refusal to provide a breath sample when asked by an officer will result in the automatic suspension of your license. Additionally, you may be required to install an ignition interlock device in your vehicle.
Can I Challenge the Results of a Breathalyzer Test?
In the event a breathalyzer test comes back indicating that you are at or over the legal limit, it’s important to understand what will happen. Generally, you will be placed under arrest and booked. During this time, you should request an attorney and invoke your right to remain silent until you have spoken with your legal representation.
Your attorney will examine a number of factors to determine the best way to challenge the results based on your circumstances. For example, they can review the arrest records to determine whether or not the officer administering the test did so correctly and was trained to use the device. If they were not, it could violate Title 17, which regulates the use of these devices for accuracy. Similarly, your attorney may be able to examine the actual breathalyzer device to determine if it is functioning properly and the calibration records.
Another way in which you may challenge the results of a breathalyzer is through medical records. Some medical conditions have been known to skew the results of breathalyzer tests, which include GERD and diabetes. As such, your attorney can argue that the results of the test are unreliable because of these established medical conditions, which are reflected in your medical reports.
As you can see, navigating the aftermath of a DUI in California can be difficult. That’s why it’s in your best interest to connect with an experienced criminal defense attorney with the Law Offices of Dale R. Gomes. We can help represent you in the fight for the best possible outcome. Contact us today to learn how we can assist you with these matters.
