Breathalyzer Test

Police officers can place a person under arrest if they are able to establish probable cause. Establishing probable cause means that the police officers have been able to confirm a reasonable suspicion that a person has committed a crime. In DUI cases, after a person is put under arrest, the police officer may conduct a warrantless search incident to the arrest and request the person submit to either a chemical breathalyzer or blood test. The results of these tests are admissible in court and are typically used by the prosecutor to prove their case, as long as the police officer follows the proper procedures in administering the tests. Sometimes however, these tests can produce incorrect results, therefore it is still essential that you contact an experienced DUI attorney in Orange County to assist you with your case as they can help you challenge these results.

A variety of mistakes can be made throughout the process of an arrest and subsequent breathalyzer or blood test searches that can result in unreliable evidence, therefore if you or someone you know has been charged with a DUI in Orange County, it is crucial you contact an experienced attorney. Mr. William Weinberg is an experienced DUI attorney in Orange County who has successfully defended hundreds of clients, including those charged with DUIs. Mr. Weinberg knows that a thorough review and reanalysis of the evidence could help change the outcome of a case and is very knowledgeable about how to go about challenging chemical breathalyzer or blood test results.

Breathalyzer Test

A person has the right to choose between a chemical breathalyzer or blood test if they are arrested under suspicion of a DUI. However, for cases where an officer suspects the person driving was under the influence of drugs, the person only has the option of submitting to a blood test as a chemical breathalyzer test will not determine the presence of drugs in a person’s body. Breathalyzer tests can be administered either upon the site of the arrest or back at the station. Blood alcohol content (BAC) is determined based on the amount of alcohol in your breath when you breathe out. A person’s BAC is highest about an hour after they drink. There are a number of factors that can affect the reliability of a breathalyzer test, such as: certain medical conditions, the police officer only administering one test, the time elapsed between when the suspect is arrested and when the test is performed, and whether the test was properly administered. Officers are also required to follow the requirements of Title 17 when administering breathalyzer tests. If they do not comply with the requirements, whether or not their actions were intentional, a defense can be made against DUI charges. However, these defenses can be complex and it is extremely important to contact an attorney who is experienced in DUI cases so that they can ensure that you have the best defense possible.

Blood Test

If you choose a chemical breathalyzer test, you still have the right to later submit to a blood test because breathalyzer tests cannot be retained for later sampling like blood tests can. If you submit to a blood test, a sample of your blood will be retained by the forensics team and can later be re-tested by an independent source should you choose to challenge the findings of the analysis. However, blood tests are not always accurate either and could produce unreliable evidence if mistakes are made.

Mr. William Weinberg is an experienced DUI lawyer in Orange County who has many years of experience defending clients charged in DUI cases. He will consider your case free of charge and advise you of your options. To reach him please contact his Irvine office at (949) 474-8008 or by emailing him at

Orange County DUI Lawyer Blog - DUI

Anyone who is arrested should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

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