DUI Charges in California: Breath & Blood Tests, DMV Hearings, and Your Legal Rights

Serving Clients in San Bernardino, Riverside, Los Angeles, and Orange Counties

Being arrested for DUI in California is a serious offense that can result in license suspension, jail time, and a permanent criminal record. If you are facing DUI charges in San Bernardino, Riverside, Los Angeles, or Orange County, it is critical to understand how breath and blood tests, DMV hearings, field sobriety tests (FSTs), and California Vehicle Code (VC) 40300.5 impact your case.

At The Law Offices of Kirk Tarman & Associates, our experienced DUI attorneys have successfully defended clients across Southern California for over 25 years. If you or a loved one is facing DUI charges, we are ready to fight for your rights.

Breath and Blood Tests in DUI Cases

After a DUI arrest, law enforcement will administer either a breath test or a blood test to measure Blood Alcohol Concentration (BAC).

Breath Tests: How They Work & Common Errors

Breathalyzers analyze deep lung air to estimate BAC. However, several factors can lead to false or inflated readings, including:
✔ Improper calibration – If the device is not regularly maintained, it may provide incorrect results.
✔ Mouth alcohol contamination – Mouthwash, recent alcohol consumption, or acid reflux can produce false positives.
✔ Breathing irregularities – Holding your breath before the test can increase BAC readings.

Blood Tests: Accuracy & Legal Challenges

Blood tests are typically more reliable but can still be challenged due to:
✔ Improper storage or contamination – Improper handling can cause fermentation, leading to artificially high BAC readings.
✔ Chain of custody errors – If the sample is mishandled, it may be ruled inadmissible in court.
✔ Delayed testing – If the test was administered hours after your arrest, your BAC at the time of driving may be lower than reported.

Can DUI Test Results Be Challenged?

Yes! At The Law Offices of Kirk Tarman & Associates, we analyze:
🔹 Whether breathalyzers and blood tests were administered correctly.
🔹 Potential contamination or mishandling of blood samples.
🔹 If medical conditions (such as diabetes or GERD) impacted BAC readings.

DMV Hearings & License Suspensions: You Have 10 Days to Act!

In California, a DUI arrest automatically triggers a DMV Administrative Per Se (APS) suspension. You have only 10 days to request a DMV hearing to challenge the suspension.

What Happens at a DMV Hearing?

At your DMV hearing, your attorney can:
✔ Present evidence challenging your BAC test results.
✔ Argue whether the officer had probable cause for your DUI stop.
✔ Contest whether your rights were violated during the arrest.

If you win the DMV hearing, your license may not be suspended. If you lose, a restricted license may still be an option.

📢 Act fast! If you fail to request a DMV hearing within 10 days, you automatically lose your driving privileges.

Probable Cause & California Vehicle Code 40300.5

Under VC 40300.5, an officer can arrest you for DUI without a warrant if:
✔ You were involved in an accident.
✔ You were found passed out in your car.
✔ You were attempting to leave the scene.
✔ You were found on or near a roadway under suspicious circumstances.

How We Challenge Probable Cause in DUI Cases

We investigate:
✔ Was the traffic stop legal? If the officer lacked probable cause, your DUI arrest may be invalid.
✔ Were sobriety tests administered correctly? If not, the results may not be admissible.
✔ Were your constitutional rights violated? If law enforcement failed to follow protocol, your case could be dismissed.

If probable cause was lacking, we may be able to get your DUI charges dropped.

Are Field Sobriety Tests Mandatory in California?

🚫 No! If you do not have prior DUI convictions, you have the right to refuse Field Sobriety Tests (FSTs) without automatic penalties.

California Guidelines for Field Sobriety Tests (FSTs)

✔ For Non-Commercial Drivers Without DUI Priors:

You are not legally required to take FSTs.
Refusing them will not result in an automatic license suspension.

✔ For Drivers Under 21 or on DUI Probation:

California has a zero-tolerance policy for underage DUI.
If you are under 21 years old, refusing FSTs may be used against you.
If you are on DUI probation, refusal can violate probation terms.

✔ For Commercial Drivers:

If you hold a commercial driver’s license (CDL) and are stopped for DUI while operating a commercial vehicle, refusing FSTs may lead to an automatic suspension of your CDL.

Should You Refuse Field Sobriety Tests?

If you are unsure, politely decline. FSTs are highly subjective, and even sober drivers can fail due to:
✔ Poor balance
✔ Nervousness
✔ Uneven road conditions

🚗 If an officer asks you to perform field sobriety tests, you can politely state:

🔹 “I respectfully decline to take the field sobriety tests.”

However, this does not apply to breath or blood tests after arrest—refusing these tests can result in automatic license suspension under California’s implied consent law.

Why Choose The Law Offices of Kirk Tarman & Associates?

✔ Over 25 years of experience defending DUI cases
✔ Former district attorney on our legal team
✔ Deep knowledge of San Bernardino, Riverside, Los Angeles, and Orange County courts
✔ Proven success in reducing or dismissing DUI charges
✔ Flexible payment plans available

Contact The Law Offices of Kirk Tarman & Associates Today

If you or a loved one has been arrested for DUI in San Bernardino, Riverside, Los Angeles, or Orange County, don’t face the charges alone. Our experienced DUI attorneys can fight for your rights and help you keep your license.

📞 Call us now at (909) 658-7341 for a free consultation or schedule an appointment online.

🔹 Time is critical—request your DMV hearing within 10 days!