Los Angeles DUI and Insufficient Breath Samples

Los Angeles DUI Attorney

Alcohol testingAfter a driver has been arrested on suspicion of driving under the influence, the arresting officer will give the driver the option of taking either a breath test or a blood test. By law, all drivers who are lawfully arrested for DUI must submit to either the breath or blood test. If the driver refuses testing, the Department of Motor Vehicles will issue a one year driver’s license suspension during which the driver would not be eligible for any type of restricted license. In addition, the driver would still be charged with driving under the influence in addition to a refusal allegation which would add mandatory jail time.

Many drivers will select the breath test instead of the blood test. Some drivers are afraid of needles and do not like the idea of having blood taken from them. In addition, drivers who may have substances in their system other than alcohol may want to avoid a blood test as the Breathalyzer can only measure for alcohol and not drugs. In many cases, law enforcement officers will push drivers to take the breath test instead of the blood test. The breath test is quick and relatively simple to administer and can be conducted within minutes at the police station. The blood test typically requires the office to transport the suspect to a hospital and wait with him or her while a nurse or other medical professional prepares and conducts the test. The officer then has to deal with logging the blood sample into evidence and the driver’s BAC is not immediately known when a driver chooses the DUI blood test. The breath test provides immediate results.

The breath test is conducted on a Breathalyzer device that is stored at the police station. The law requires that the driver provide two samples on the Breathalyzer device and the results must be within two points of each other for the test to be considered valid. The Breathalyzer functions by analyzing alveolar air (also known as “deep lung air”). To ensure a proper sample, the Breathalyzer device requires the test taker to breathe deeply and forcefully into the device. If the driver breathes too weakly, the device will be unable to read the sample and provide a printout that states “insufficient sample.”

When an officer sees this, he or she may believe that the DUI suspect is intentionally providing a weak sample in order to avoid the test. In many cases, when a DUI suspect provides an “insufficient sample” on the Breathalyzer, the officer will ask if the driver wants to take a blood test. If the driver refuses the blood test and continues to provide insufficient breath samples, the officer will usually treat this as a DUI refusal.

However, in some cases a driver may be prevented from providing a sufficient breath sample as a result of a preexisting medical condition, such as asthma or COPD, that affects his or her ability to breathe forcefully. In addition, in some cases the officer will only take one test on the Breathalyzer and will forget about the second required test. When this happens, the Breathalyzer may time out and will show the second test as an “insufficient sample.” In these circumstances, it is critical to have an experienced Los Angeles DUI Lawyer carefully review the breath test results and other related evidence.

If you have been arrested for DUI, it is crucial that you consult with a Los Angeles DUI Attorney immediately. Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how to effectively challenge breath test results.

For more information about Los Angeles DUI and insufficient breath samples, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
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Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
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Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
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How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
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