Question: I have a Burbank DUI charge with a .15, but I think they only got one Breath result. Is that valid.

Question: Technically, they need 2 valid breath samples in order for the results to be valid. In these cases, officers will sometimes charge the person with a refusal in cases where there was only 1 valid breath result, and then they asked the person to take a blood test. These cases can be complicated though, and often valid defenses. If they are not charging you with a refusal, even better. I have had cases thrown out prior to trial in cases where there was only 1 breath test result and no refusal allegation. Call me to discuss in more detail.


Phil Hache
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks