Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

You Might Be Surprised to Learn the Ways in Which a Breathalyzer Test Can Be Challenged

It happens much too frequently for someone to accept a DUI charge after failing a breathalyzer and realize they have no other legal choices. The fact is that breathalyzers have flaws and human error is possible while using them. Speak with a criminal defense lawyer who can examine your case and assist you in determining the best course of action before you just accept your destiny and enter a guilty plea. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055.

There are stringent guidelines for administering breathalyzers

According to California law, both the tools used and the people giving breathalyzer tests must meet specific requirements. As an illustration, it is necessary that the testing instrument be maintained in excellent working condition and that it be correctly calibrated and re-calibrated. A minimal level of training in using the breathalyzer must have been completed by the officer administering the tests.

All training that officers received on breathalyzers must be documented by the police agency. They must also keep meticulous records of the upkeep of the equipment, the dates and times of calibration, and the outcomes. We might be able to stop a conviction if they cannot provide proof of sufficient training and calibration.

The way the test is administered has strict consequences

There are rules on how the test must be administered in addition to making sure the individual administering it is properly trained and the instrument is calibrated. For instance, a police officer can only administer a breathalyzer to you after observing you nonstop for at least 15 minutes. You are not allowed to eat, drink, or put anything in your mouth while they are watching you. If you have burped, puked, or smoked during that period, they cannot administer the test.

Take a big breath since the breathalyzer must be drawn from the middle of the lungs. You can have a false reading if the officer did not make it clear to you that you needed to do it. We may be able to contest the findings if the officer did not follow all of the aforementioned instructions.

Charges against you might be dropped or your case dismissed

There are a couple alternatives if we are able to effectively demonstrate that your breathalyzer was not given properly. We can probably have the case dismissed if that is all the evidence they have against you. Without the breathalyzer, any extra proof would be far weaker. We might be able to negotiate a lower penalty or come up with inventive alternatives to a prison sentence or license suspension.

Call Law Office of Michael L. Fell at (949) 585-9055 to schedule a free legal consultation to learn more about your choices.