A breathalyzer test is given to a person to estimate their blood alcohol content or concentration (BAC) that is taken from a breath sample. After a person blows into this device it can detect their current alcohol levels through a number reading.

Breathalyzer test are not always reliable and can result in false readings if they are not adjusted or recalibrated properly. This can be challenged in a court of law. Medical or Dental conditions may affect the BAC to register higher, such as gastrointestinal problems, asthma, emphysema, oral conditions, gum disease. All may alter the outcome.

When an officer pulls someone over for suspected DUI, it is at the arresting officer’s discretion whether you submit to a breathalyzer test, blood test or urine test. In California if a person refuses to submit to testing, the California Department of Motor Vehicles (DMV) will be notified and will suspend their driving privilege for one year.

In California, it is unlawful for any person to drive a motor vehicle while under the influence of any kind of alcoholic beverage or drug.
If you have a 0.8 percent or more, by weight, blood alcohol concentration, you will be charged with DUI.

If you have been arrested for DUI contact Victor A. Orsatti a San Diego DUI attorney at the San Diego Law Center for a free consultation, at 619 933-4688.