Los Angeles DUI Breathalyzer Attorneys
Breathalyzer – Intoxilyser – Intoximeter – Alco-Sensor IV (Black Dot model)
Unlike the preliminary PAS device test in the field, you should not refuse a later breath or blood test. Refusing a breathalyzer test at the police station will result in severe penalties. You could lose your license for at least one year and face drunk driving charges with potential jail time. These penalties escalate for those who already have a prior DUI conviction.
Are "Breathalyzers" Accurate?
The term "Breathalyser" has been around for many years. Despite there being many other devices that have replaced the Breathalyser, as it was one of the first and most popular breath testing devices, the name has just stuck for all breath testing devices, kind of like "Aspirin" commonly refers to generics as well. Typically, the breathalyzer test is considered the strongest piece of evidence the state can bring to court in drunk driving cases. However, there are numerous ways that a breathalyzer test result can provide an inaccurate reading. Some courts are suppressing blood alcohol content results provided by these machines because of their inaccuracies. These breath machines are designed to locate certain chemical compounds. When they find similar chemical compounds, such as those that come from inhaling paint fumes, they react in the same manner, giving an inaccurate reading.
Even "Mouth alcohol" from a burp or regurgitation bringing alcohol vapors or fluid from stomach contents, certain medications and unusual medical conditions can cause breathalyzers to provide inaccurate readings that can swing a case against you. That being said, ways of cheating the test, such as keeping a penny in your mouth or ingesting mouthwash immediately beforehand, are not advisable.
Keep in mind as well that a breath test must be administered within a certain timeframe during the arrest process. Other factors can affect your case. Did the police observe you continuously for fifteen minutes to see if you burped or regurgitated before you took the breath test? Was the police officer trained on the latest equipment. Did he or she follow proper testing procedures? Did the police have lawful reasons for stopping and questioning you in the first place?
Refusing a Breath Test is Usually NOT Wise.
When you refuse a breath test in Los Angeles, California may seem to have to compile a stronger circumstantial case against you, because there is no "chemical test" and a lack of physical evidence. The officer's observations of the "objective symptoms" of the driver, such as the odor of alcohol or bloodshot eyes, become more important in these cases. However, a "Refusal" to take a breath or blood test can be viewed as "Consciousness of guilt" and an implied admission of intoxication and guilt.
No matter what your situation is, you need sound legal advice after an arrest. A Los Angeles DUI attorney can help you minimize the damages this serious charge can have on your life. Call us for a free drunk driving consultation.
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