California Breath Tests

Most people are probably unfamiliar with the laws surrounding breath tests in California. For instance, did you know that refusing to take a breath test can actually carry a tougher sentence than test failure? This means that even if you were not intoxicated, if you refused a breath test, you will automatically lose your license and be charged with DUI.

If, on the other hand, you did agree to the breath test, but your results showed that you were above the legal alcohol limit, you still face serious consequences such as jail time, fines and license suspension. Fortunately, the results of breath tests can often be proven inaccurate due to the differences between makes and models of breathalyzers as well as the mechanisms’ general inconsistencies.



For example, a computer monitors and analyzes breathalyzer readings. In order to determine whether or not a suspect is intoxicated, the computer compares the individual to an “average” person. To the computer, however, the average person is male and, regardless of height, weight and age, metabolizes alcohol at the same rate. Of course we know this is not the case. Your gender, age, height and weight factor into your metabolic rate and each person therefore has a uniquely different metabolism.

Additionally, there are other factors to consider when evaluating breath tests. If the breathalyzer has not been maintained properly, it may provide inaccurate readings. Or if the officer refused to administer a second breath test, your results may not be used as evidence against you. Certain medications, breath mints and even illnesses or diet choices may also lead to inaccurate breath test readings.

If you’ve refused or failed a breath test in California, you need to speak with an experienced attorney. The right lawyer can help you weigh your options and then determine the best defense for your case. Remember: breath tests are not always accurate and a DUI lawyer can help prove this.