DMV hearing

Diabetes or Fasting: Los Angeles DUI False Positives on a Breathalyzer

June 19, 2025

By Alex Andryuschenko – Los Angeles DUI Defense Attorney When most people think of a DUI, they assume alcohol consumption is the only cause of a failed breath test. But what if a person hasn’t had a drop to drink—and still blows a positive result? For individuals with diabetes, those who are fasting, or people on low-carb ketogenic diets, this is not only possible—it’s scientifically documented. As a Los Angeles DUI Defense Attorney, I regularly come across cases where innocent drivers are arrested based on flawed breath test results. One of the most overlooked causes of false positive BAC readings is acetone, a compound naturally produced by the body. What Is Acetone, and Why Is It in Your Breath? Acetone […]

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Can a PAS Test Be Used Against You? Understanding Breath Tests in DUI Cases and DMV Hearings

May 11, 2025

As a Criminal Defense DUI Attorney in Los Angeles, I often get questions about the breath test police ask you to take during a DUI stop—before any arrest is made. This initial test, known as the Preliminary Alcohol Screening (PAS) test, is a key part of the investigation, but it’s not the official chemical test required after arrest. Understanding the distinction between these tests, and how the courts and DMV treat PAS results, can be crucial to defending your rights. Los Angeles DUI Attorney and Los Angeles Criminal Defense Attorney Alex Andryuschenko can help you defend your Los Angeles DUI case. The PAS Test: Voluntary and Refusable—At Least in Court Under California Vehicle Code § 23612(i), if you are over […]

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OUT OF STATE DUI PRIOR: EFFECT ON REQUIREMENT TO DO 18 MONTHS DUI CLASS

January 29, 2025

Here, Los Angeles DUI Attorney an out-of-state prior and if it can be used to impose longer program and license suspension on a driver. When facing DUI charges in Los Angeles, few cases illustrate the DMV’s willingness to use out-of-state priors more than Isaac v. Department of Motor Vehicles (2007) 155 Cal.App.4th 851. This case demonstrates just how aggressively the DMV can treat prior DUI-related incidents—even if they were dismissed in another state and even if that state’s DUI statutes differ significantly from California law. The Facts Behind Isaac v. DMV Why You Need a Los Angeles DUI Attorney Contact a Los Angeles DUI Attorney Today If you or someone you know faces a DUI charge in California and has […]

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