Breath & Blood Tests

When a person is stopped for DUI, and law enforcement has reason to believe that the person was operating a motor vehicle while under the influence of drugs and/or alcohol, law enforcement will ask the person to consent to a breath alcohol test.  The breath alcohol test is used to determine the person’s blood alcohol concentration (BAC).  A person’s BAC result reveals the amount of alcohol he/she has in his/her blood stream.  If a person’s BAC is 0.08% or higher, he/she is considered intoxicated according to California law, and he/she can be arrested for driving under the influence.  

What most people do not know is that the breath alcohol test is consensual.  This means that a person has the legal right to refuse to take the breath test.  If the person does not consent to a breath alcohol test, he/she will be served with a Notice of Suspension by law enforcement, and his/her driver’s license will automatically be suspended.  Additionally, if the person is found guilty of DUI, he/she may be subject to enhanced legal penalties.

It is important for people to remember that blood alcohol testing is not fool proof, or 100% accurate.  There are a variety of factors that could cause a person’s blood alcohol test results to be inaccurate, such as:

• eating prior to taking the test
• using mouth wash prior to taking the test
• certain medical conditions
• improper administration of the blood alcohol test
• administration of the blood alcohol test by an uncertified individual
• defective blood alcohol test equipment 

Orange County DUI Defense Lawyers
Coffey & Coffey – Attorneys at Law

If you have been charged with driving under the influence in Orange County, you will need to hire an attorney who can protect your constitutional rights and defend you both in and out of court.  At Coffey & Coffey, our experienced DUI attorneys have helped countless clients throughout Orange County and surrounding areas fight their DUI charges.  We are skilled attorneys who strive to provide each of our clients with exceptional legal representation and advice. 

The DUI lawyers at Coffey & Coffey represent clients in Orange County, including Fullerton, Santa Ana, Laguna Niguel, Westminster, and Newport Beach.   


Contact us about your legal matter today!