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Is there a defense against a failed breath test in California?

There are defenses against failed breath tests in California. For instance, if the police officer has not been appropriately trained, or does some shortcuts on that breath testing device, you may get a false high reading. If the police officer is using a machine that has not yet been approved for service, we may be able to exclude that test result. If you did not properly blow into the machine, you could end up with a false high or a false low reading. All of those give us a legal reason to be able to challenge your breath test. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

tags: DUI breath test defense drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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Is a blood test the same as a breath test in California?

There are differences in California between a breath test and a blood test. In California, if you're arrested for being under the influence or the police officer's suspicion that you are, it is your choice on whether to take a breath or a blood. Now a blood test is considered the most accurate. Breath tests, we have more available ways to challenge that result. But in California, you must take either a breath or a blood test. But don't let the officer force you into taking one or the other. It's your choice. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

tags: DUI blood vs breath test drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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What if I'm on medication during a breath test in California?

If you’re taking prescribed medication, and you’ve chosen the breath test, the medication will not have an affect on your breath result, but it could be misconstrued by the police officer as being alcohol related, as opposed to medication related on how well you’re doing on field sobriety test. I’m Virginia Landry. For the last 19 years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for DUI, please call.

tags: DUI medication impact breath test drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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Should I refuse to take the breath test in California?

In California, if you refuse to take a breath test, a police offer can still arrest you. There are consequences for that refusal, but the benefit is they may not be able to prove what your alcohol level was. The Department of Motor Vehicles however, if you refuse to take a test, will take away your license for a longer period of time if they can prove that you chose not to give a test to determine what the alcohol in your system was. There are legal issues that go along with that case, and we would welcome the opportunity to talk to you about what happened on your case if you refused to take a breath test. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

tags: DUI breath test refusal drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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What breath test device do they use in California?

In California, the breath testing devices that they use vary from city to city. In Orange County, they use an Alcohol Sensor 4. It's an indirect way to test what the alcohol is that is dispersed through your system. It's not the most scientific. It is not the most reliable. But it's allowed for government work. I'm Virginia Landry. For the last 19 years in Orange County, I have helped when bad things happen to good people. If you have been arrested for DUI, please call.

tags: DUI breath test device drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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Can I refuse to take the breath test in California?

In California, if you refuse to take a breath test, the police officer, realistically, will arrest you. There are different consequences for the refusal to take a test, such as: if you are convicted in court, it's mandatory jail. If you refuse to take a test and the police officer believes you're under the influence of alcohol, that refusal ends up with a longer license loss than if you take a test and you are significantly over the legal limit. I'm Virginia Landry. For the last nineteen years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

tags: DUI breath test refusal drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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Which test hurts my DUI defense the most in California?

The toughest test to beat in California is a blood test. However, here in Orange County, California, we win cases when the laboratory makes a mistake on the blood test. In Los Angeles County, we win cases where the police officers make mistakes. In each city, a police officer has an approved breath testing device, so if the machine is not calibrated correctly, if it's not used appropriately, whether it's a breath or a blood, we may be able to exclude those test results, and that makes the difference on your case in court. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

tags: DUI most damaging test drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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How accurate are breath tests in California?

Breath testing in California and across the nation actually is only accurate to 0.02% So for instance, if you blow into a machine here in Orange County, California, and it says you’re 0.08, you could be as low as a 0.06 and as high as a 0.10. That’s a huge range. But how accurate is the device? Garbage in is garbage out. I’m Virginia Landry [SP]. For the last 19 years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

tags: DUI breath test accuracy drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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Can I call an attorney before taking a blood or breath test?

You do not have the right in California to call an attorney before deciding which test to take. You have the opportunity to take breath or blood if the police officer believes that there is just alcohol in your system. If, however, the police officer thinks that there are drugs in your system, then its blood or urine. But you do not have a right to speak to an attorney before deciding which test to take. I’m Virginia Landry. For the last nineteen years in Orange County, I’ve helped when bad things happen to good people. If you’ve been arrested for a DUI, please call.

tags: DUI calling a lawyer drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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What is the breath test and how does it work in California?

In California, if you choose to take a breath test, you blow into a tube. That tube has air that goes through it and they take, sort of like, a snap shot of the air that is blown through the tube at any given time and they convert that to some alcohol reading that'll be used against you at the DMV and in court. The breath test monitors how many little molecules of alcohol you have in this chamber. It's not very scientific. There are ways to beat those breath testing cases, but you still are required to complete either a blood or a breath test. I'm Virginia Landry. For the last 19 years in Orange County, I've helped when bad things happen to good people. If you've been arrested for a DUI, please call.

tags: DUI breath test drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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What should I look for in a California DUI attorney?

If you are trying to decide which DUI attorney to work with, you should be sure that the person you decide to go with, has been trained on the field sobriety test, the same way that the police officers have. You should be certain that they have done other DUI allegations. You should be certain that they're not afraid to take your case to trial. That they understand the science behind driving under the influence cases. They should own their own breath testing machine. They should be familiar with how that works. They should have a laboratory that can independently re-test those blood samples for you. I'm Virgina Landry. For the last nineteen years in orange county, I've helped when bad things happen to good people. If you've been arrested, for DUI, please call.

tags: DUI the right lawyer drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.

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How can a lawyer help me with my DUI case in California?

If you've been arrested in California for driving under the influence allegation, a lawyer can help you, as long as you are working with somebody who is trained in the field. A qualified DUI attorney will have gone through the standardized field sobriety testing the same way the police officers have. They will own their own breath testing instruments, and they will work closely with laboratories that can re-analyzed blood test that the government has taken from you. A qualified attorney makes all the difference. I'm Virginia Landry, for the last 19 years in the Orange County, I've helped when bad things happen to good people. If you've been arrested for DUI, please call.

tags: DUI benefit of lawyer drunk driving arrest criminal defense Orange County Los Angeles California lawyer attorney law firm Virginia Landry

attorney: The Law Offices of Virginia L Landry, Inc.