Are breathalyzers admissible in court in California? The admissibility of such evidence depends on various factors. While breath tests conducted by law enforcement are generally admissible in California courts, not all devices and procedures carry equal weight.
When facing DUI charges, consulting with an experienced Los Angeles DUI lawyer is crucial to understand what factors surround breath test evidence and how it may impact your case.
Let’s examine different types of breath testing instruments, the legal requirements surrounding their administration, and potential strategies to challenge their validity and admissibility in court proceedings.
Are Breathalyzer Tests Admissible in California Courts?
Yes. In general, all breathalyzers and breath test units used by law enforcement in California can be admitted as evidence in court. However, not all devices are treated equally.
Breathalyzer is a specific brand of breath test device, but there are many others. In the law, we divide all breath tests into two categories:
PAS Test
PAS stands for Preliminary Alcohol Screening and is done with a small handheld device and may be in conjunction with a field sobriety test during a traffic stop. These tests are done before arrest, as part of investigating the possibility of DUI. You can refuse these tests if you want.
All Other Breath Tests
Once you are arrested, you may also be asked to take a breath test to measure your blood alcohol content. This test will use more rigorous equipment that complies with Cal. Code Regs. Tit. 17, § 1221.2. You are not allowed to refuse this test; you can request a different kind of test (blood sample or urine sample), but if they are not available, you must provide the breath sample.
The second kind of test, which is done after arrest, is the kind that prosecutors prefer to use as evidence. These tests are done in more controlled settings, with equipment that is considered more reliable. They are stronger evidence and will always be the prosecutor’s primary chemical evidence against you, if available.
Both Can Be Admissible
The pre-arrest PAS, however, is what most people mean when they say “breathalyzer.” This kind of test can also be submitted as evidence at trial. It is a scientifically tested breath testing device that is usually accurate, but not always. As such, it is open to more questions and your lawyer can attack its use.
Just because breath tests are admissible in California courts in general doesn’t mean they will be allowed in your particular case. You can challenge the breath test and potentially get it excluded from your trial.
How Can I Block the Breath Test Evidence in My DUI Case?
To block the breathalyzer machine test evidence from admissibility in a California Court, you need some grounds on which to challenge its validity. This could include:
- Violation of any Title 17 procedures (the rules a police officer must follow to administer chemical tests)
- Evidence that the device was not properly calibrated or maintained
- The law enforcement officer did not explain to you that the PAS was optional before asking you to take it
- Mouth alcohol, a medical condition, or rising BAC were a factor in your breath test results
If there is any reason to think that the breath device or breath alcohol concentrations may be inaccurate, or that a procedure was violated, your lawyer can file a motion to suppress DUI evidence. The judge will hear both sides and make a ruling. If the judge suppresses the alcohol breath testing results, it cannot be used as evidence in court.
How Can a Criminal Defense Lawyer Help Me if I Failed My Breath Alcohol Test and Got a DUI Charge?
If you failed a breath test and were charged with a DUI, an experienced criminal defense lawyer can provide invaluable assistance in several ways:
Challenge the Breath Test Results
A skilled lawyer can scrutinize the breath test procedures and equipment used to measure your blood alcohol concentration (BAC).
Your criminal defense attorney may be able to identify issues such as improper calibration, lack of proper maintenance, or violations of Title 17 regulations governing chemical tests. If successful, the breath test results could be deemed inadmissible as evidence in court in California.
Investigate for Police Misconduct
Your lawyer will review the details of your traffic stop and arrest to ensure your rights were not violated. If there were errors or misconduct by the arresting officers, such as an improper stop, lack of probable cause, or Miranda violations, your lawyer could seek to have certain evidence suppressed or the case dismissed.
Explore Defenses and Mitigating Factors
An experienced DUI defense attorney understands the various legal defenses that may apply to your case, such as rising blood alcohol level, medical conditions that could affect test results, or necessary driving situations.
They can also present mitigating factors that could lead to reduced charges or alternative sentencing options.
Negotiate for a Favorable Plea Deal
If the evidence against you is strong, your lawyer may be able to negotiate with the prosecutor for a favorable plea bargain. This could involve reducing the DUI charge to a less serious offense, minimizing jail time, or advocating for alternative sentencing programs like probation or diversion.
Represent You in DMV Hearings
A DUI arrest can also result in an administrative proceeding to suspend or revoke your driver’s license through the DMV. Your lawyer can request and represent you at DMV hearings, giving you a better chance of retaining your driving privileges.
Contact Us for a Free Consultation With a Los Angeles DUI Lawyer
Having a knowledgeable drunk driving lawyer on your side can mean the difference between a harsher sentence and a more favorable resolution that protects your rights and future interests. Don’t face these serious charges alone.
Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Contact us to request a free consultation today.
