Los Angeles DUI And Insufficient Breath Samples

  • May 26, 2017

    Here’s a great article from Zooomr car leasing, a tech startup revolutionizing how car leasing and used cars in India are done. Following a Los Angeles driver’s arrest for suspicion of driving under the influence, the police officer will let the individual choose whether to take a breath or blood test. According to the law, all people who are arrested on suspicion of a DUI must submit to one test or the other. If a driver refuses to undergo either form of testing, the California Department of Motor Vehicles will suspend their driver’s license for a period of one year. During that time, the individual will not be eligible for any type of license and can be charged with both the DUI and for refusing to submit to breath or blood testing, which carries a mandatory jail sentence.

    Generally, many drivers opt for the breath test over the blood test. This is because some people have a fear of needles and are averse to the idea of having blood drawn. In addition, some drivers may want to avoid taking a test like the Breathalyzer, which can detect not only alcohol but drugs as well. However, in most instances, the police will advise the individual to take a breath test instead of a blood test. The breath test is frequently preferred because it is easy and fast and can be done right in the police station. Blood tests, however, require that the individual is taken to a hospital and the police officer has to wait with them while a nurse or other healthcare professional prepares the test and then conducts it. It also takes time for the blood test to be analyzed by a laboratory, so the driver’s blood alcohol concentration (BAC) is not immediately known as it is with a breath test.

    The breath test can easily be performed by using a Breathalyzer, which is readily available at the police station. By law, the individual must have two separate samples done with a Breathalyzer, with the result needing to be within two points of each other for the test to be seen as valid. This particular test works by analyzing what is known as alveolar air or deep lung air. For the sample to be effective, the individual must breathe very deeply into the Breathalyzer device. When breathing into it is too weak, the device will not be capable of producing adequate results and will instead deliver a result of an “insufficient sample.”

    In many cases, when this happens, the police officer will believe the individual is deliberately providing a weak sample to avoid having to take the test. However, in that instance, the officer will ask the individual if he or she would then take a blood test. Afterward, if the person refuses, the police officer can treat this as a DUI refusal, which can have severe consequences.

    Of course, in some cases, the individual may actually have a legitimate excuse for providing a weak breath sample in a Breathalyzer test. Health conditions like asthma and COPD can drastically affect a person’s ability to forcefully breathe. In some situations, the police officer may also forget about doing a second breath test and only conduct one. That can result in the test coming out as an “insufficient sample.” In either of these scenarios, it’s important to have a skilled Los Angeles DUI attorney go over the results of the breath test as well as any other evidence related to the case.

    If you or someone close to you has been arrested for a DUI offense, you need an experience team of Los Angeles DUI lawyers on your side.

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