Legal Defenses to Refusing a Breath Test During a California Driving Under the Influence Arrest

When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. Whereas it is your right to refuse the preliminary breath test (the one administered at the scene of the arrest), you cannot refuse the test given at the station without additional penalty.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible defenses that you may have.

One possible defense is if you have asthma and are unable to properly breathe into the machine in order to provide an adequate sample. Another valid defense is if for any reason you are physically unable to take the breath test. If there is a valid scenario rendering you incapable of giving a breath sample, you may have a defense against an additional penalty imposed due to refusal.

You are also not required to take the test if the machine is broken and giving erroneous results.

It is also important to note, however, that if you are unable to take the breath test you will be asked to take a chemical test, aka a blood test. If you are able to take a blood test, but refuse to do so, it will weaken any defense you may have.

Consult with a knowledgeable Los Angeles Criminal Defense attorney to assess the specific facts of your case and to learn what options are available to you.