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About Breathalyzer Tests and Test Refusal

When you apply for your California driver's license you sign forms which specify that you agree to chemical testing during a Driving Under the Influence (DUI) investigation. An individual can refuse the test which may be a urine, blood or breath test, but under some circumstances a chemical test may be done anyway, although your refusal will be noted. Refusal to submit to chemical testing will result in an automatic suspension of your driving privileges by the DMV (Department of Motor Vehicles). If you have refused a chemical test or you have failed such a test it is very important to consult a skilled attorney without delay to discuss your DUI defense.

Inaccurate Results

Although breath analysis tests are routinely administered by law enforcement, they have been proven to be inaccurate for many reasons. Many officers do not have sufficient training to correctly administer a breath test. The results can be skewed by how deep or shallow the breath was, by some medical conditions, and by the presence of other chemical compounds in an individual's breath from products such as paint, gasoline, and other common products. Natural processes such as burping, regurgitation and acid reflux can artificially raise the test results. There are now many brands of testing devices but the generic name of breathalyzer has stuck in the public's memory. These machines need to be calibrated and properly maintained at regular intervals. All of these points will be investigated by a knowledgeable breathalyzer test lawyer with our firm and any flaws can be used to challenge the prosecution's evidence against you.

Refusal of a breath test can be taken as an admission of guilt and used against during your criminal case. Regardless of the circumstances of your situation, you need a skillful DUI lawyer on your side to fight the charges against you. Call Floyd, Skeren & Kelly, LLP to find out how we can help.

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Floyd, Skeren & Kelly, LLP - Ventura DUI Attorney
Located at 916 West Ventura Boulevard, Suite 100 Camarillo, CA 93010. View Map
Phone: (888) 660-3554