DUI Breath Test in Rancho Cucamonga
Rancho Cucamonga law enforcement officers use breath tests in roadside testing and following arrests to help determine if an individual is DUI while operating a vehicle.
A preliminary alcohol screening (PAS) is often conducted through a portable breath test device. A PAS unit typically produces a rough estimate of the individual's level of intoxication. PAS results are usually admissible in court and are used by the San Bernardino County District Attorney to prove that a person's blood alcohol content level impacted their ability to safely operate a motor vehicle.
A post-arrest breath test generally requires an approved breathalyzer machine that has been subject to the calibration requirements of the state or federal government. These machines are often located at a police station and typically produce more reliable results than the PAS device. These results are also admissible in court.
If you were subjected to a breath test during a DUI investigation and are now facing DUI charges in Rancho Cucamonga, contact Berglund Law Office, P.C. immediately at (877) 667-1205 or submit our CONTACT form. We are here to help.
Can You Refuse a Breath Test in Rancho Cucamonga?
You can refuse a breath test, but you should be ready to face the serious consequences that generally follow a refusal. California's implied consent law requires a driver arrested on suspicion of DUI to consent to either a breath or blood test. However, if the officer suspects that the driver is under the influence of drugs only, and not alcohol, the driver will be required to submit to a blood test.
The consequences for refusing a breath test differ based on the individual's prior DUI record. Under California's implied consent law, an individual who refuses a breath test could face immediate license suspension as well as jail time. Additionally, a breath test refusal can generally be used as evidence against an individual at trial.
Problems with Breath Tests in San Bernardino County DUI Cases
The commonly used breath test machines do not always provide an accurate representation of an individual's level of intoxication. For that reason, it is important for an individual not to assume that they are guilty of a drunk driving offense because of breath test results.
Many of the problems with breath tests relate to the testing device or machine, the individual operating the device or machine, or the test sample itself. For instance, some of the common problems that could provide inaccurate results include:
- Broken or untested device
- Uncalibrated device
- Testing performed by an untrained person
- Officer's failure to follow testing protocols
- Improper instructions by the officer
- Medical conditions suffered by the test taker
- Medications, foods, or drinks taken before the test
The results of a breath test can be challenged in court and at the DMV administrative per se (APS) hearing due to problems with a breath test device or the results.
How an Attorney Can Challenge Breath Tests in Rancho Cucamonga
A breath test is often a substantial part of the prosecution's case involving a DUI offense. For that reason, it is essential to ensure that a breath test was performed correctly and the results are accurate.
A good Rancho Cucamonga DUI lawyer understands the many potential problems with breath tests and the unreliability of their results. Challenging the sufficiency of breath test results typically requires obtaining evidence about the test and obtaining all records related to the machine, including accuracy checks, as well as maintenance and usage logs. At Berglund Law Office, P.C., we have helped clients successfully challenge breath test results.
It is crucial that an individual does not assume that the results of a breath test are accurate and unable to be contested simply because a Rancho Cucamonga Police Department or California Highway Patrol officer performed the test. Breath tests can be challenged and should be challenged if there is any basis to suspect that the results are inaccurate. Submit our CONTACT form or call us today at (877) 667-1205 to schedule a free consultation.