If you have been charged with a DUI based on breathalyzer results you should to seek experienced legal counsel to investigate the accuracy of the device and build a strong defense. Contact the Law Offices of William W. Bruzzo for qualified assistance in navigating the complexities of your case.

How Do Breathalyzers Work?

Before diving into the accuracy of breathalyzers, it is important to understand how these devices work. Breathalyzers measure the concentration of alcohol in a person’s breath, which is then used to estimate their BAC. When alcohol is consumed, it is absorbed into the bloodstream and expelled through the breath. The breathalyzer uses a chemical reaction that occurs between the alcohol in the breath and a sensor to determine the alcohol concentration.

There are different types of breathalyzers, including handheld devices used by law enforcement officers and larger, more accurate versions used in professional settings. These devices rely on the principle of infrared spectroscopy or electrochemical fuel cells to measure the alcohol concentration in the breath.

While breathalyzers are designed to provide an estimate of a person’s BAC, it is important to note that they are not foolproof and can be subject to errors and inaccuracies.

They Are Not Always Accurate

Despite being widely used in DUI cases, breathalyzers are not always accurate and can produce unreliable results under certain circumstances. There have been cases where breathalyzer results have been challenged successfully, leading to dismissed charges or reduced penalties. Some factors that can contribute to inaccuracies in breathalyzer results include:

Improper Calibration

Breathalyzers must be properly calibrated to ensure accurate readings. Regular maintenance and calibration are necessary to keep these devices in optimal working condition. However, there have been instances where breathalyzers were not calibrated correctly, leading to inaccurate results. It is important to have an attorney who can investigate whether the breathalyzer used in your case was properly calibrated.

Operator Error

Breathalyzers require proper training and expertise to operate effectively. If the person administering the test does not follow the correct procedures or is not adequately trained, it can result in inaccurate readings. An experienced attorney can evaluate whether operator error may have contributed to the breathalyzer results in your case.

Interference from Substances

Breathalyzers are designed to measure the alcohol concentration in a person’s breath accurately. However, they can potentially be influenced by other substances, leading to false-positive results. Substances such as mouthwash, breath fresheners, or certain medications can interfere with breathalyzer readings. An attorney with expertise in DUI defense can evaluate whether the presence of any other substances may have affected the accuracy of the breathalyzer results.

It is important to note that breathalyzer results are often considered strong evidence in DUI cases. However, that does not mean they are infallible. There are various factors that can affect the accuracy of these devices, and a skilled attorney can challenge breathalyzer results in court.

How to Challenge Breathalyzer Results

If you or a loved one has been charged with a DUI based on breathalyzer results, it is crucial to seek experienced legal counsel to challenge the accuracy of the device and build a strong defense. Here are some possible strategies that can be employed by an attorney to challenge breathalyzer results:

Calibration Records

An attorney can request calibration records and maintenance logs for the breathalyzer used in the case. If there are discrepancies or irregularities in the calibration records, it can cast doubt on the accuracy of the device’s readings.

Operator Training and Certification

An attorney can investigate the training and certification of the officer who administered the breathalyzer test. If the officer was not adequately trained or certified, it can be argued that their lack of expertise may have contributed to inaccurate results.

Chain of Custody

An attorney can examine the chain of custody of the breathalyzer device, ensuring that it was properly stored, handled, and maintained. Any break in the chain of custody can raise questions about the reliability of the device and the accuracy of the results.

Independent Testing

An attorney may also recommend independent testing of your breath or blood samples to compare the results with those obtained from the breathalyzer. This can help identify any discrepancies or inconsistencies in the readings and provide additional evidence to challenge the breathalyzer results.

Challenging breathalyzer results requires expertise and a deep understanding of the issues surrounding these devices. It is essential to work with an experienced DUI defense attorney who can evaluate the circumstances of your case and develop a strategy to challenge the accuracy of breathalyzer results.

Contact an Orange County DUI Defense Lawyer Today

If you or a loved one is facing DUI charges in Orange County, it is crucial to seek the assistance of an experienced Orange County DUI defense lawyer. William W. Bruzzo has been practicing criminal law for over 30 years and is familiar with the Orange County Courts, the Judges, and the District Attorneys. His expertise in DUI defense and his knowledge of how breathalyzers work can help him challenge the accuracy of breathalyzer results and strive for the best possible outcome for his clients.

To schedule a consultation with the Law Offices of William W. Bruzzo, call (714) 547-4636 or contact us online. Take the proactive step of securing legal representation and ensure that your rights are protected. Don’t face DUI charges alone, contact us today for assistance in navigating the complexities of your case.

Remember, when it comes to breathalyzer accuracy and DUI defense, having a knowledgeable attorney by your side can make all the difference.

In such situations, it is highly recommended to seek the assistance of a knowledgeable and experienced Orange County criminal defense lawyer at the Law Offices of William W. Bruzzo. By working with an attorney, you can ensure that your case is brought to the most favorable resolution possible and that your rights are protected.

California Definition of DUI

In California, driving under the influence (DUI) refers to operating a motor vehicle while under the influence of alcohol and/or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08 percent for individuals over the age of 21.

For drivers under 21, a BAC of 0.01 percent or higher can result in a DUI charge. It is important to note that even if your BAC is below the legal limit, you can still be charged with a DUI if the arresting officer believes your ability to drive safely is impaired.

DUI Penalties in California

The penalties for a DUI conviction in California can be severe and can vary depending on several factors, including prior DUI convictions and the circumstances of the offense. Common penalties for a first-time DUI offense may include fines, license suspension, mandatory alcohol education programs, probation, and even jail time.

Subsequent DUI offenses can result in increased penalties and longer license suspensions.

Felony DUI Charges in California

In some cases, a DUI offense in California can be charged as a felony. This typically occurs if there are aggravating factors involved, such as causing injury or death to another person while driving under the influence.

Felony DUI convictions can lead to significant prison time, hefty fines, and a lengthy license suspension. Due to the serious nature of felony DUI charges, it is crucial to have a skilled Orange County criminal defense lawyer who will aggressively advocate for your rights and present a strong defense.

Plea Bargaining in California DUI Cases

Plea bargaining is a common practice in California DUI cases, wherein the prosecution and defense negotiate a plea agreement to resolve the charges. This may involve reducing the DUI offense to a lesser charge, such as “wet reckless,” or negotiating for a reduced sentence or alternative sentencing options.

Having an experienced Orange County criminal defense lawyer like William W. Bruzzo can greatly increase your chances of obtaining a favorable plea bargain that minimizes the potential consequences of a DUI conviction.

License Revocation and Reinstatement

A DUI conviction in California can lead to the revocation of your driver’s license. The length of the license suspension varies depending on the specific circumstances of the offense and any prior convictions.

To regain your driving privileges, you will need to complete all required DUI education programs, pay any fines or fees, and potentially install an ignition interlock device in your vehicle. An Orange County criminal defense lawyer can guide you through the process and assist in restoring your driving privileges as soon as possible.

Call an Orange County Criminal Defense Lawyer Today

If you are facing a DUI charge in Orange County, it is crucial to seek the assistance of an experienced and reputable criminal defense lawyer. The Law Offices of William W. Bruzzo have been providing top-notch legal representation in the Orange County Courts for over 30 years.

With a deep understanding of the local courts, judges, and district attorneys, William W. Bruzzo has a proven track record of getting the best results for his clients. Call the Law Offices of William W. Bruzzo at (714) 547-4636 for a consultation or contact us online to set up your free consultation.

It is In Your Best Interest to Retain an Attorney

If you have been arrested for DUI for the first time, you may be wondering whether you really need to invest in the seemingly high costs of hiring a criminal defense attorney for your case. The simple answer to a question about legal representation is that you should always retain a lawyer after a DUI arrest, as the potential consequences of a conviction can be far-reaching and extremely serious.

The Potential Consequences of DUI Conviction

In most cases in California, a first-time DUI a misdemeanor offense, but certain cases, such as incidents involving motor vehicle accidents causing injury or death, may be charged as felonies. Other cases involving accidents with no injuries, alleged offenders having high blood alcohol concentration (BAC) levels or child passengers, alleged offenders refusing to submit to chemical tests or other aggravating factors can also increase the risk of stiffer penalties. If you are charged with your first DUI, you could be facing:
Probation

• DUI school
• Significant fines
• The Installation of an ignition interlock device
• Up to six months in jail

In addition to a criminal case, you should also keep in mind the possible consequences relating to your driver’s license. An experienced attorney may be able to help you obtain a restricted license so you can continue to drive to work or school.

If you have been charged with a DUI in California, the arresting officer likely took your driver’s license and issued you a temporary pink license that is good for 30 days from the date of the arrest. After the 30-day period, the temporary license will expire unless you schedule an administrative DMV hearing within 10 days of the arrest, and you win at the hearing.

If you lose the hearing or fail to schedule it within 10 days of the arrest, your driver’s license will be suspended pending the outcome of the criminal case against you. An attorney familiar with California DUI law can represent you in your DMV hearing and protect your right to drive.

California DUI Defenses

The primary reason to hire a lawyer for a first-time DUI is that they can review the facts of the case and find the possible flaws in a prosecutor’s case. This can be important because the attorney may be able to get the charges reduced or completely dismissed. For example, if the police lacked reasonable suspicion to pull you over, it may be possible to suppress the evidence gathered during your traffic stop, which will likely result in your case being thrown out.

In some cases, a prosecutor could agree to reduce the charge to reckless driving, which will result in significantly reduced penalties. Importantly, however, the reckless driving conviction will include a note that the offense involved alcohol, and it will count as a prior DUI if you are arrested and charged with drunk driving again within 10 years.

Call Us Today to Speak with an Orange County DUI Defense Lawyer

If you or your loved one has been charged with a DUI, do not wait to retain an attorney to protect your rights. At the Law Offices of William W. Bruzzo, we have been protecting the rights of the accused since 1993 and are committed to obtaining the most favorable outcome possible in every case we take. You can schedule a consultation by contacting us online or by calling us at (714) 547-4636.