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Last Modified on Jan 23, 2026
DUI Breath and Blood Test in California – All You Need to Know
Driving while under the influence of alcohol, drugs, or a combination can lead to loss of driving privileges, steep fines, and even jail time. If you are facing pending charges after a DUI breath and blood test in California, The Law Office of Daniel P. Flores can guide you on what to do next.
At The Law Office of Daniel P. Flores, we know how to handle DUI breath and blood tests in California, and as your Los Angeles, California DUI lawyer, we can do everything in our power to navigate complex DUI laws and protect your rights. When you work with wise legal counsel, it significantly increases your chances of a more favorable result.
What Is a California DUI?
In California, Driving Under the Influence (DUI) means operating a vehicle while impaired by alcohol, drugs, or a combination, with a Blood Alcohol Content (BAC) of 0.08% or higher for adults, or any measurable amount for drivers under 21 or on probation. DUIs are common, and the consequences can be deadly. Every 42 minutes, someone in the U.S. dies from a drunk-driving-related vehicle crash. In one recent year, 30% of traffic deaths in the country involved accidents with impaired drivers.
Typically, one of the following scenarios will incur a California DUI charge according to state laws:
- Driving with a BAC of 0.08% or more, or being impaired by alcohol
- Driving under the influence of any drug (legal or illegal) that impairs your ability to drive safely, including marijuana, painkillers, or even some cold medicines
- Driving while impaired by both alcohol and drugs
- Driving while under the age of 21, or while on DUI probation, can result in penalties for any detectable alcohol in their system
Regardless of what your test results were or why you are facing DUI charges, The Law Office of Daniel P. Flores can help.
DUI Breath and Blood Test in California
In California, if arrested for a DUI, you must choose between a breath or blood test under “implied consent” laws, with refusal leading to automatic license suspension and penalties. Breath tests are quicker, but blood tests are often more accurate, though both must follow strict Title 17 regulations for reliability, with breath tests requiring calibration and blood tests needing sterile, alcohol-free draw sites. Officers offer the choice after the arrest.
DUI Breath and Blood Test Defenses
Defenses against California DUI tests focus on challenging the testing procedures, officer conduct, and the accuracy of the results, using strategies such as proving the following:
- Mouth alcohol – A false high reading that is higher than the true concentration in the blood
- The 15-minute observation violation – The suspect must be continuously monitored by police for 15 minutes before testing to eliminate the risk of contamination
- Rising BAC – The BAC of the driver was below the legal limit while driving, but rose by the time testing occurred
- Device malfunctions or improperly trained staff
Determining if there were inaccurate results from testing requires an experienced DUI attorney to analyze the lab procedures and potential contamination to exclude evidence.
Why Should I Hire a DUI Lawyer at The Law Office of Daniel P. Flores?
You should hire a DUI lawyer at The Law Office of Daniel P. Flores because they possess the legal knowledge to challenge evidence, navigate complicated DUI laws, negotiate reduced charges or dismissals, and protect your rights. Our legal team can potentially save you from severe penalties such as license suspension, jail time, large fines, or a permanent record.
Our law firm can challenge breath and blood tests if there are conditions that make the tests unreliable. We can also retain an expert to testify about conditions that could have produced inaccurate results. Our team can determine if your rights were violated, such as whether there was probable cause to conduct testing. A seasoned DUI attorney knows what it takes to be successful with a DUI case and is your optimal chance at a favorable outcome.
FAQs About DUI Breath and Blood Test in California
Can You Refuse a Blood Test for DUI in California?
Yes, you can refuse a blood test for a DUI, but doing so carries severe and mandatory penalties under “implied consent” laws, including automatic driver’s license suspension and enhanced criminal penalties, separate from a DUI conviction, as driving in California means you have agreed to any chemical tests if you are suspected of impaired driving.
What Can Make a Blood Test Unreliable in a DUI Case?
There are many things that can make a blood test in a DUI case unreliable. Some of these include the length of time it takes between driving and testing, contamination, clotting, improper administration of testing or blood drawing, a failure to properly store blood specimens, and unqualified analysis of the test. Your attorney can determine if any errors occurred that could make evidence inadmissible for your case.
Is it Better to Take a Blood Test or a Breathalyzer?
A blood test is generally considered more accurate and reliable for measuring BAC than a breathalyzer because it directly measures the alcohol in the blood, while breath tests estimate from the breath, making them susceptible to factors such as mouthwash, diet, or even breathing issues. With that said, breathalyzers are faster and less invasive, offering immediate results, whereas blood tests require lab processing.
How Many Drinks Is a 0.08 Blood Alcohol Level?
The number of drinks varies for each person to reach a 0.08 blood alcohol level. Regardless of what the “legal” limit is for blood alcohol level, a person should not operate a vehicle if they are unable to drive safely, as the effects of alcohol can fluctuate per person depending on various factors such as body weight, age, medications, metabolism, and level of fatigue.
Request a Free Consultation Today
Facing a DUI case can be difficult, but you do not have to go through it alone. When you have The Law Office of Daniel P. Flores work on your DUI case involving issues with a breath and blood test, you significantly increase your chance of a positive result. We can answer all of your questions and help you navigate DUI laws while protecting your rights and safeguarding your future.
Contact us to request a free consultation today.
