DUI Attorney in Orange County

Orange County Lawyer Defending Against Breathalyzer Test Results

You were arrested for DUI, took a breathalyzer test, and blew a .08 or above. How can a DUI attorney help when you have evidence that your blood alcohol level was over the legal limit?  Although taking a breathalyzer test and getting a high result may make it seem as though you will inevitably be convicted of driving under the influence, there are a number of DUI defenses that an experienced Orange County DUI lawyer can use.

In California, if a driver has a blood alcohol concentration (BAC) of .08% or higher, he or she is considered to be driving under the influence and will most likely be charged with this criminal offense. The penalties for a DUI conviction are long-lasting and can be severe, including license suspension, jail time, fines, installation of an ignition interlock device and community service, as well as alcohol rehabilitation or other DUI programs. A DUI attorney will look to a number of factors in determining how to best defend a breathalyzer test result. A few examples are listed below:

• Did the officer observe you for 15 minutes prior to the test? The officer is required to do this, to watch for belching, regurgitating or other conditions which will affect breathalyzer test results.
• Did you burp or throw up in the 15 minutes prior to the test? If so, this could result in a high reading.
• Do you have acid reflux or another gastro esophageal disorder or illness? 
• Was there a cell phone, radio or other machine present which may have altered the readout of the breath test device?

Overview of Breathalyzer Tests

A breathalyzer test is a common form of chemical test used to determine a driver’s blood alcohol concentration in the case of a suspected DUI. Often used in conjunction with field sobriety tests and the officer’s observation of the individual, breath test results will be used in an effort to convict an individual of driving under the influence of alcohol. The driver blows into a machine which then analyzes the amount of alcohol in the individual’s breath. This is then analyzed and a blood alcohol concentration is determined off the driver’s breath alcohol concentration. At Gold & Witham, we understand that breathalyzer tests are subject to operator error, mechanical issues and a number of other factors which will all skew the results. It is our job, as defense lawyers, to prove that a breath test is wrong – and we do it every day.

Contact an Orange County DUI defense attorney at Gold & Witham today to see how we can contest your breathalyzer test results.