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DUI Attorney in Los Angeles

Facts About Breath Tests

When someone is stopped on suspicion of DUI in Los Angeles, the most common form of chemical testing conducted is the PAS test (Preliminary Alcohol Screening) which is administered out in the field. The police officer will have the DUI suspect breath through a hand held machine that measures blood alcohol content (BAC).  Most people do not know that this test is optional and you cannot be required to take the PAS. 

If an officer demands that you take this test and use it as the probable cause to arrest you, then a top rated Los Angeles DUI attorney can often convince a court to suppress the PAS test and any action taken after that test, including the blood or breathe test. Whether this breath test is conducted in the field, or merely a field sobriety test, the second type of breath test that can be administered is usually done at the police station.  This is done on a breathalyzer machine. In Los Angeles the type of machine most commonly used is an Intox/IR although other models are used as well. As with all machines, there are things that can go wrong with them, either with how they were used or mechanical problems. Mr. Kraut will look for in challenging the results of your breathalyzer test include:

  • Incorrect administration of the test
  • Lack of maintenance/calibration of the machine
  • Faulty equipment leading to false readings
  • Physical or medical condition of DUI suspect affecting results

Why Hire a Los Angeles DUI Lawyer?

Any one of these factors can affect the reading reported, which could have shown a false indication that you were driving with .08% BAC or higher. An inaccurately maintained and calibrated machine can show an incorrect reading, the person giving the test does not follow established protocol, or the person being tested may have diabetes, heartburn or some other medical condition that affects the reading on the machine. The Kraut Law Group will aggressively research every single aspect of your breath tests to dispute them in your defense.

Been charged after failing a breathe test for DUI? Contact a Los Angeles DUI Lawyer  from the Kraut Law Group for a free initial consultation. 

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