Will a Personal Breathalyzer Help You Avoid a DUI?

Make sure that you have a breathalyzer that has been approved by the FDA.

Will a Personal Breathalyzer Help You Avoid a DUI?Having a breathalyzer to check your BAC before driving may seem like a good idea — but these machines may not be accurate.  Learn more from a DUI lawyer Santa Ana, CA.

In California, driving under the influence (DUI) of alcohol and/or drugs is considered a serious offense. Even a first-time conviction for DUI can lead to a sentence of jail time or probation, community service, mandatory alcohol education classes, and steep fines and fees. In addition, you will lose your license for an extended period of time if you are convicted of a California DUI.


With so much at stake, it is smart to avoid driving under the influence. This may take the form of having a designated driver, taking a taxi, Lyft or Uber, or staying over somewhere when you choose to drink. Some people take a different route: buying a personal breathalyzer to check their blood alcohol concentration (BAC) before driving.

Is this a good idea? According to a DUI lawyer Santa Ana, CA, it may be — depending on the quality of the machine that you are using. First, it is important to know that there is always a possibility of an inaccurate result whenever you take a breathalyzer test. This is true whether it is administered by the police or if you buy your own device. Second, the results that you get will be impacted by the quality of the machine that you buy.

In the past, breathalyzers were only available to law enforcement agencies. Now, anyone can buy a breathalyzer for personal use. These devices range in price from $20 to several hundred dollars. You can even purchase a single-use breathalyzer or an app that uses your phone to determine your BAC.

Generally, inexpensive breathalyzers are unlikely to produce accurate results. If you buy a breathalyzer for $30 that can be kept on your keychain, it probably won’t give you a true reading of your BAC. If you choose to buy a breathalyzer, look for one that has been approved by the Food and Drug Administration (FDA). While this won’t guarantee accurate results, it will increase the likelihood that your BAC reading will be true.

However, as a DUI lawyer Santa Ana, CA, no matter how much you spend on a personal breathalyzer, it will probably just give you false peace of mind. Even if you blow under the legal limit before leaving a bar or party, you may still be arrested for a DUI. First, your BAC can continue to rise after you take the test as your body metabolizes alcohol. Even if your BAC was below the legal limit of .08% at the time that you took the test, it may be significantly higher once you are driving. Second, California law allows individuals to be arrested for DUI even if their BAC is under the legal limit. If your driving is impaired by drugs and/or alcohol such that you are unable to operate your vehicle safely, then you can still be charged with a DUI.

A personal breathalyzer can give you an idea of your level of intoxication. You should not rely on these devices as a way of ensuring that you won’t be charged with a DUI. The only way to do that is to not drive after you have been drinking.

If you have been charged with a DUI, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We are highly experienced at DUI defense, and will fight for your rights. Initial consultations with a DUI lawyer Santa Ana, CA are always free of charge.

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