Los Gatos Alcohol Breathalyzer Facts

California Criminal Law determining Installation of Alcohol Breathalyzer in Los Gatos, California

The criminal law applicable for DUI offenses has provisions for a multifaceted sentence. The punishment usually involves a fine, license suspension, education program or therapy, jail term, probation and ignition lock device. The ignition lock device is a mini breathalyzer, similar in function as the one used by the police but smaller, roughly the size of a cell phone and it is installed in the steering column of the vehicle. The breathalyzer is meant to test the breath sample of a driver who has been convicted of driving under influence earlier. If the breathalyzer senses alcohol or traces in the breath of the driver to be beyond the legally permitted limit, then it turns off the engine or does not let the ignition on. This is why it is also known as an ignition interlock device.

The compulsion to install an alcohol breathalyzer can further complicate daily life. Being charged or booked and arrested for driving under influence is traumatic enough. Getting convicted for drinking and driving or impaired driving due to any type of intoxication can be a terrifying experience and some consequences are life altering. The long term installation of an ignition interlock device or alcohol breathalyzer will severely limit the freedom and also act as an invasion of privacy for any person. The only legal recourse for anyone is to appoint experienced Los Gatos DUI lawyers to prevent a conviction and to ensure that a mini breathalyzer is not mandated by the court.

The Criminal Law in the state of California tries to prevent any further impaired driving when a person is already convicted of driving under influence once. In order to facilitate this prevention, it takes a precautionary step of mandating the installation of an alcohol breathalyzer so the driver is always alert. Since a convicted person will not be able to drive under the influence as the ignition will not work or the engine will get turned off, the offender is unlikely to drink and probably will avoid drinking and driving. Moreover, impaired driving can also be based on driving under the influence when BAC (Blood Alcohol Concentration) is above the permissible limit of 80mg of alcohol in 100ml of blood.

Breathalyzer installation is usually mandated in the following circumstances.

• First time offenders are required to have an ignition interlock device for a period of five months. Breathalyzer installation is imperative upon conviction.
• Second time or repeat offenders are compelled to install a breathalyzer and have it for twelve months. This is in addition to the more severe sentence that usually involves license suspension, three year probation and possibly jail term.
• Third offenses make breathalyzer installation mandatory for a period of two years. The duration can be prolonged if there is reason for the supervising authority to believe that the former convict is still driving under influence or drinking and driving in certain circumstances.

Call us now to contact a DUI Lawyer in Los Gatos, California in order to obtain more information on the laws requiring the installation of a DUI Breathalyzer.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Los Gatos

The Intentions Behind Los Gatos Laws Governing a Car Breathalyzer Installation

You should consult a DUI Lawyer in Los Gatos to have a lucid understanding of your rights and how you can avoid the installation of a breathalyzer. Our DUI lawyers in Los Gatos will build a case and prepare your defense so you do not get convicted. If the evidence is irrefutable, it is possible to get into a plea bargain where the charges are reduced, for instance from felony to misdemeanor, drinking and driving to just reckless driving or speeding.

Such defense strategies can help defendants avoid conviction and the verdict is much more favorable. Getting away with a ticket is much more pleasant than being sentenced to jail. Our DUI lawyers in Los Gatos can use everything from the questionable evidence amassed by the prosecution to the possible violation of fundamental or constitutional rights of the defendant to build a solid defense.

An alcohol breathalyzer for cars, trucks or other vehicles is a smaller version of the breathalyzer used by cops. It has a preprogrammed limit or level of alcohol traces that is tested for using a breath sample. The breathalyzer is a preventive measure to stop a convicted driver from driving under influence again. The engine of the car will not start unless the driver provides a sample of breath and the breathalyzer finds no alarming traces or levels of alcohol. If it finds excessive alcohol then the engine will not start and the test will have to be taken again in some time.

The engine will not start till the driver passes the test. The interval between each subsequent test is longer so as to prevent the driver from drinking again and to allow the under influence driver to get sober before driving or operating the vehicle.

Random Breathalyzer Tests and Rules for Los Gatos DUI Convicts

DUI is a criminal offense in the state of California. Those proven to be guilty of impaired driving, drinking and driving or driving under the influence of alcohol, drugs, marijuana and other intoxicating substances has a criminal record and is treated as a convict. The car or alcohol breathalyzer in the vehicle may require random tests to ensure the driver is not impaired in any way. If a car is in motion and the driver fails the breathalyzer test then it will send the data to the concerned authority, a probation officer or the court and in many cases the department of motor vehicles as well.

The breathalyzer will initiate the honking of the horn and keep repeating it, make continuous noise and flash the lights to alert the driver, effectively instructing to pull over.

If You Think You May Require a DUI Breathalyzer Contact Our Experienced Los Gatos DUI Lawyer

A car breathalyzer can be limiting, embarrassing and harrowing. It affects normal life and self esteem. A conviction will in all likelihood demand the installation of an alcohol breathalyzer. Seek a free consultation with our DUI lawyer in Los Gatos to win or beat a charge of driving under influence and avoid a conviction.