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!