DUI Tests – 15 Minute Observation Period for DUI
If you are pulled over for DUI in California, you will likely be asked to take a blood or breath test. A blood or breath test is required if you are actually placed under arrest for DUI. So, if your breath test results show that you over the legal limit of .08% blood-alcohol content, that means you’re guilty of DUI, right? Not necessarily.
An experienced DUI attorney may be able to prove that the DUI breath test you took was administered improperly, and this could lead to the charges against you being reduced or dropped entirely. One way to show that a breath test may have been administered improperly is to attack the required 15-minute observation period.
What is the 15-Minute Observation Period for a Breath Test?
California law requires that an officer administering a DUI breath test must continuously observe a DUI suspect for a minimum of 15 minutes. The 15 minutes must be uninterrupted and observed before administering a Breathalyzer test.
If the arresting officer did not observe you for a minimum of 15 uninterrupted minutes prior to giving you a breath test, your Wallin & Klarich DUI defense attorney can attack the blood test results as illegally obtained and inadmissible as evidence. This will also lower the credibility of the arresting officer.
Some other common things that may occur during the 15-minute period that could impact your BAC test results include:
- You burped or belched
- You vomited
- You consumed alcohol or any other substance during the mandatory 15 minute observation period
- The arresting officer was distracted by radio dispatch, taking notes, directing traffic, dealing with other people who were in the car, etc.
Our DUI Attorneys Can Attack the Results of Your BAC Test
There are many ways a skilled defense attorney can defend you against DUI charges. Our DUI defense lawyers have been successfully defending our clients charged with DUI for over 40 years. Tell us about your case and we can use a valid defense to help you fight these charges. We’ve successfully helped thousands of clients in their time of legal need, and we can help you now.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, West Covina, Ventura, Victorville, Sherman Oaks and Torrance, our experienced DUI lawyers are available to help you no matter where you work or live.
Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
