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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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs!
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.