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Home » DUI/DWI » Breathalyzer Test

Understanding breathalyzer test during a DUI Stop in California

Top-Rated DUI/DWI Defense Attorneys in Los Angeles, California

Are you facing DUI charges in California based on a breathalyzer test result? Don’t face this challenge alone. The Law Offices of David S. Chesley is your trusted partner for expert DUI defense representation. With our extensive experience in California DUI laws and our dedication to protecting our clients’ rights, we are committed to achieving the best possible outcome for your case.

Understanding Breathalyzer Tests in California

Breathalyzer tests play a crucial role in DUI cases in California. These tests measure the concentration of alcohol in a person’s breath to determine if they are driving under the influence. It’s important to understand how breathalyzer tests work and how they can impact your case.

Understanding California DUI Laws:
• In California, driving under the influence (DUI) laws prohibit operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
• The state has implied consent laws, meaning that by obtaining a driver’s license, individuals implicitly consent to chemical testing, including Breathalyzer tests, if suspected of DUI.

Immediate Steps to Take When Charged
If you’ve been charged with DUI or DWI in California, it’s crucial to take immediate action to protect your rights and build a strong defense. Here are some essential steps to consider:

Remain Calm: Being charged with DUI or DWI can be distressing, but it’s important to stay calm and composed.
Do Not Admit Guilt: Refrain from making any statements or admissions of guilt to law enforcement officers. Anything you say can be used against you in court.
Exercise Your Rights: You have the right to remain silent and the right to legal representation. Exercise these rights and contact an experienced DUI defense attorney as soon as possible.
Avoid Further Legal Complications: Do not resist arrest or engage in confrontations with law enforcement officers. Resisting arrest or obstructing justice can lead to additional charges and worsen your situation.
Understand the Legal Process: Familiarize yourself with the DUI legal process in California, including court appearances, hearings, and potential consequences.

Your Rights During a Breathalyzer Test:
• You have the right to request an independent test of your blood alcohol level following a Breathalyzer test.
• Law enforcement officers must follow specific protocols when administering Breathalyzer tests, and any deviation from these procedures could affect the validity of the results.

Why Choose the Law Offices of David S. Chesley?
When facing DUI or DWI charges, selecting the right legal representation can make all the difference in the outcome of your case. Here’s why you should consider choosing our firm:

Experience and Expertise: Our attorneys have extensive experience in DUI defense, with a proven track record of successfully representing clients throughout California.
Personalized Attention: We understand that each case is unique, and we provide personalized attention to every client, tailoring our strategies to meet their specific needs and circumstances.
Aggressive Defense: We are committed to vigorously defending our clients’ rights and interests, exploring all possible defenses and legal avenues to achieve the best possible outcome.
Strong Advocacy: Our attorneys are skilled negotiators and litigators who are not afraid to challenge the prosecution’s case in court. We fight tirelessly to protect our clients’ rights and secure favorable resolutions.
Client-Centered Approach: At the Law Offices of David S. Chesley, our clients always come first. We prioritize open communication, transparency, and empathy, ensuring that our clients feel supported and informed throughout the legal process.

Types of Breathalyzer Tests

1. Preliminary Alcohol Screening (PAS) Test: This test is usually administered roadside using a handheld device. While the results of a PAS test can provide probable cause for a DUI arrest, they are not always admissible as evidence in court.
2. Evidentiary Breath Test: Conducted using a calibrated and approved breathalyzer machine, an evidentiary breath test is administered at the police station or another designated location. The results of this test are often used as evidence in DUI cases and can have significant legal consequences.

Challenging Breathalyzer Test Results
Breathalyzer test results are not infallible and can be challenged with the right legal strategy. There are several factors that can affect the accuracy of breathalyzer tests, including:
• Calibration Errors: Breathalyzer machines must be properly calibrated to ensure accurate results. Any errors in calibration can lead to unreliable test results.
• Operator Error: The person administering the breathalyzer test must be properly trained and follow correct procedures. Failure to do so can result in inaccurate readings.
• Physiological Factors: Certain medical conditions or factors such as acid reflux or mouth alcohol can affect breathalyzer test results.
• Rising Blood Alcohol Concentration (BAC): If you have consumed alcohol recently, your BAC may still be rising at the time of the breathalyzer test, leading to a higher reading than your actual level of impairment.

Our experienced DUI defense attorneys meticulously review the circumstances surrounding your breathalyzer test to identify any potential errors or inaccuracies. We work tirelessly to challenge the validity of the test results and protect your rights throughout the legal process.

Frequently Asked Questions (FAQs)

Can I refuse to take a breathalyzer test in California? Under California’s implied consent law (California Vehicle Code Section 23612), drivers are required to submit to a chemical test if lawfully arrested for DUI. Refusing to take a breathalyzer test can result in automatic license suspension and other penalties.
What are the consequences of failing a breathalyzer test in California? If you fail a breathalyzer test in California and are convicted of DUI, you may face penalties such as fines, license suspension, mandatory alcohol education programs, probation, and even jail time.
Can breathalyzer test results be challenged in court? Yes, breathalyzer test results can be challenged in court. Our DUI defense attorneys have the knowledge and expertise to identify potential errors or inaccuracies in breathalyzer test administration and calibration and to present compelling arguments to challenge the validity of the results.
How accurate are breathalyzer tests? While breathalyzer tests are generally considered to be reliable, they are not infallible. Factors such as calibration errors, operator error, and physiological factors can affect the accuracy of test results.
How long does a DUI stay on your record in California? A DUI conviction can stay on your record in California for up to ten years. However, the exact duration may vary depending on the circumstances of the case and any subsequent offenses.

At the Law Offices of David S. Chesley, we understand the serious consequences of DUI charges and the impact they can have on your life. Contact us today for a confidential consultation to discuss your case and learn how we can protect your rights and future.

To schedule a free consultation and case evaluation with a California DUI/DWI lawyer, please call us today at 1-800-755-5174, or contact us online.

Frequently Asked Questions

Under California's implied consent law (California Vehicle Code Section 23612), drivers are required to submit to a chemical test if lawfully arrested for DUI. Refusing to take a breathalyzer test can result in automatic license suspension and other penalties.

If you fail a breathalyzer test in California and are convicted of DUI, you may face penalties such as fines, license suspension, mandatory alcohol education programs, probation, and even jail time.

Yes, breathalyzer test results can be challenged in court. Our DUI defense attorneys have the knowledge and expertise to identify potential errors or inaccuracies in breathalyzer test administration and calibration and to present compelling arguments to challenge the validity of the results.

While breathalyzer tests are generally considered to be reliable, they are not infallible. Factors such as calibration errors, operator error, and physiological factors can affect the accuracy of test results.

A DUI conviction can stay on your record in California for up to ten years. However, the exact duration may vary depending on the circumstances of the case and any subsequent offenses.

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.