Challenging the Validity of DUI Breath Tests
DUI Attorney in Los Angeles Defending Individuals Who Submitted to a Breathalyzer Test
What can a Los Angeles DUI defense attorney do to challenge the breath test result if you have a DUI pending in one of the Los Angeles Courthouses?
The breath machines that are used in Los Angeles County related to DUI arrests are not one hundred percent accurate.
For the past twenty five years I have argued to prosecutors and judges that because the breath machines are not accurate, my client's breath results could have been much lower than what is reflected in the police report.
- How Can Challenging Breath And Blood Tests Help Me In My DUI Case?
- How Reliable Is The Breathalyzer Related To A DUI In Los Angeles?
- What Is The Penalty For Refusing A Breathalyzer Test?
- What Is A PAS Test And Can I Refuse One?
First, the Preliminary Alcohol Screening (P.A.S.) device that is used out in the field by law enforcement (California Highway Patrol (CHP) and the LAPD) are found to be in conflict with the results at the police station all the time.
There accuracy has been challenged for years and a good expert can do some significant damage to the prosecutor's case, if it only relies on the PAS device.
However, in most of the DUI's that are filed in L.A. courts, the prosecutors are typically relying on the test results from the machine at the police station and expert testimony in order to prove their case.
If there is a problem with the calibration of the particular machine in your case, close in time to your arrest, then this can be used to attack or damage the prosecutor's case against you.
Further, if your blood alcohol level is close to the legal limit, then the machine's accuracy can be challenged by the testimony of an expert at a potential trial.
The prosecutors know this and will usually offer you something other than a DUI if you are close enough to the legal limit and you have a lawyer who knows how to fight for you!
Accuracy of DUI Breath Test
Another issue that frequently comes up is what time frame you were driving versus when the police actually made you do the test.
The further away from the time of driving, the stronger the argument that the breath test result does not reflect what your blood alcohol was at the time of driving.
There are so many different factors that go into an expert trying to determine your blood alcohol level at the time of the driving, that every argument must be utilized by your drunk driving attorney so you can end up with a resolution that is fair.
At the end of the first meeting, I do the best I can to give you a feel for what you are looking at and also let you know what you can do to help me in your DUI defense.
Are you being charged with a driving under the influence? Call our DUI lawyers to get on board with you. Our aggressive approach, knowledge, and skill qualifies us to effectively represent you.
Our DUI lawyers will explain the whole process to you and lay out all your available options and defenses we can and will use to your benefit.
Another way besides blood tests that the law enforcement uses to obtain your blood alcohol level is through the use of a breathalyzer.
Breathalyzer machines are not the most accurate way to measure a person's blood alcohol level and that is why our attorneys will carefully evaluate all the circumstances that were present during the breathalyzer test that got you arrested for a driving under the influence.
There are many factors to take into consideration such as body weight, metabolism, amount of air blown into the breathalyzer, any medical issues, special diets, body temperature, and the rate of alcohol absorption.
These factors all make a difference in the blood alcohol level and these are factors law enforcement often do not take into consideration when conducting a breathalyzer test.
As a result, there is inaccuracy and our we are here to point out all these factors and see if there was any slight possibility that the blood alcohol level was inaccurate.
There are two types of breath tests: one is a portable test and the other is a breath testing machine used at the police station.
Both these methods are susceptible to error and inaccuracy. As your drunk driving lawyers, we will get the records of the breathalyzer test and examine them thoroughly trying to detect any error.
The bottom line is we are on your side and we want to help you get the minimal amount of penalties associated with a DUI conviction or get your charges completely dismissed.
Call our driving under the influence attorneys for a free face to face consultation so we can start discussing all your options.