
Law enforcement officers use Breathalyzers to measure blood alcohol content (BAC) during DUI stops. But are these devices legal? Yes, Breathalyzers are legally permitted when used correctly and in compliance with established procedures.
California courts and federal law allow police to use alcohol detection devices as long as they follow proper procedures and respect your legal rights. However, there are situations where how the test was given could violate your rights, and that’s where a DUI lawyer in Los Angeles can help.
If you believe law enforcement violated your rights while using a breath analysis tool during a DUI stop, an attorney can advise you on your situation during a free consultation.
When Can a Breathalyzer Test Violate Your Rights?
Even though Breathalyzers are legal and admissible in court in California, the way officers use them could violate your constitutional rights. Below are some ways that could happen:
- Unlawful traffic stop: If the police pulled you over without a valid reason, any evidence they gather (including a Breathalyzer result) could be thrown out.
- Forced testing without consent: Police officers must follow certain rules before giving an alcohol breath test. For example, they need a warrant for a blood test if you refuse.
- Faulty or improperly maintained devices: If the Breathalyzer wasn’t working properly or wasn’t calibrated correctly, the results might not be reliable.
- Lack of Miranda warning: If you were arrested and questioned without being read your rights, it could affect how your alcohol breath test results are used in court.
A DUI Lawyer Will Protect Your Rights and Defend Your Case
If you’ve been charged with driving under the influence (DUI) after taking a Breathalyzer test, hiring a lawyer can make a big difference in your case. Here’s how a DUI lawyer can support you:
- Challenge the results of an alcohol breath test: A lawyer will check if the device was properly maintained and if the officer followed the correct procedures.
- Fight for evidence suppression: If an attorney determines that your rights were violated, they can ask the court to exclude the breath device’s results from your case.
- Negotiate reduced charges: A drunk driving lawyer will work to lower your charges or penalties, possibly avoiding jail time or heavy fines.
- Represent you in court: Facing DUI charges alone can be overwhelming. Your lawyer will know the laws and can defend you in court.
When Should You Hire a DUI Lawyer for a Breathalyzer Case?
You should hire a DUI lawyer as soon as possible after being arrested on drunk driving charges. Early legal help can protect your rights and strengthen your defense. The key times to hire a DUI lawyer include:
- Right after a DUI arrest: The sooner you hire a lawyer, the better. Early action helps gather important evidence and build a strong defense.
- If you believe the Breathalyzer test result was wrong: If you think the test was wrong or unfair, a Los Angeles DUI lawyer will investigate and challenge the results.
- Before your first court date: Having legal representation before your arraignment ensures you understand your charges and legal options.
Waiting too long can hurt your case. You should get legal help as soon as possible.
How a DUI Lawyer Handles Cases Involving Breath Test Issues
Evidence from sobriety testing devices can seem unbeatable, but it’s not always accurate or legal. If your case involves such evidence, having a lawyer on your side could benefit you.
Here’s why having a DUI lawyer represent you is important:
- Legal knowledge: DUI laws in California are complex. A lawyer can spot mistakes and defend your rights.
- Experience with Breathalyzer defenses: A DUI lawyer can challenge test results, question how the test was given, and check for device errors.
- Protect your future: A DUI conviction can lead to jail time, fines, and a license suspension. Our legal team will help minimize these consequences.
Are Alcohol Screening Devices Always Accurate?
Breathalyzers are not always 100% accurate. Several factors can cause false readings, including the following:
- Medical conditions: Health issues like acid reflux or diabetes can affect alcohol breath test results.
- Improper use: If officers don’t follow proper procedures, the results could be wrong.
- Faulty equipment: Devices that measure one’s breath for a BAC reading must be calibrated regularly. If they aren’t, the results may be invalid.
An attorney can investigate these issues and fight for the dismissal of any inaccurate test results.
What Are Your Rights During a DUI Stop in California?
You must know your rights if law enforcement pulls you over for suspected DUI in California:
- You have the right to remain silent: You don’t have to answer questions about where you were or how much you drank.
- You can refuse field sobriety tests (FSTs): These tests are optional, but refusing a DUI chemical test in California can lead to penalties.
- You have the right to an attorney: If you are placed under arrest, ask for an attorney right away.
A Los Angeles DUI Lawyer Can Determine if Breathalyzer Use Was Unconstitutional in Your Case
Breathalyzers are legally accepted tools that California’s law enforcement officials use to find and keep impaired drivers off the road. When they use the devices correctly, they do not violate constitutional rights.
However, problems can occur if law enforcement officers conduct unlawful traffic stops, misuse testing devices, or rely on improperly maintained equipment. In these situations, the results produced may be unreliable and could be challenged in court.
We can connect you with a Los Angeles DUI lawyer who will look at the facts and circumstances to determine if Breathalyzer use was unconstitutional and fight to protect your future. Call and let us help you schedule a free consultation with a reputable local lawyer.