CALIFORNIA CRIMINAL LAWYERS

When is Chemical Testing Conducted in a DUI Case?

The Importance of a Skilled Los Angeles DUI Attorney to Challenge Breath Tests

Being stopped by a police officer in Los Angeles on suspicion of driving under the influence often leads to a breath test, which determines the charge and the legal system’s proceedings. At such a time, you need a capable Los Angeles DUI attorney to contest the results. Breath tests are usually not as ironclad as they appear, and skilled attorneys can challenge the results, potentially saving you from a prolonged legal battle.

The Preliminary Alcohol Screening Test (PAS) is the first chemical test that an officer will request. This is where the driver breathes into the officer’s handheld device to determine the blood alcohol level. While it may seem like it’s mandatory, the PAS test is optional, and refusing it is not an immediate license suspension. However, the officer is likely to use the PAS to establish probable cause for arrest, and the arrest will likely follow if you refuse the test.

When a police officer suspects that a driver is under the influence, the second kind of test will take place once they’re arrested, handcuffed, and transported to the police station. In most cases, the suspect will be asked to take a blood, breath, or urine test, depending on the situation. Refusal to take this second test, by state law, comes with severe punishment, such as a one-year license suspension.

The timing of chemical tests is a crucial factor that experienced Los Angeles DUI lawyers consider when preparing a case. These tests fail to pinpoint the time when the blood alcohol content (BAC) levels are rising. As such, the attorney may argue that when the officer arrested the suspect, their BAC hadn’t risen to the .08% level required for a DUI charge.

More often than not, breath machines, just like other devices that police officers use, give false readings, and the administration process may have inaccuracies. If no other alternative can be found, skilled attorneys can challenge the inconsistencies in the breath test results. When the discrepancies discredit the test results, prosecutors may start offering plea deals or even dismiss the case altogether.

A skilled Los Angeles DUI attorney can help in other ways as well. For instance, they review how much food the driver consumed before drinking alcohol or whether they suffer from diabetes. These factors are just as essential in pinpointing the BAC levels.

Inconsistencies and inaccuracies can often occur in breath tests. These inaccuracies can lead to a driver falsely being convicted of DUI. Without a skilled Los Angeles DUI attorney fighting for your case, you could miss out on the chance to have your case dismissed or to make a plea deal. You should hire a legal professional as soon as possible to avoid the negative effects of having a DUI charge on your driving privileges, liberty, and finances.