Challenging the Validity of DUI Breath Tests
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 used in Los Angeles County related to DUI arrests are not accurate. For the past twenty-five years, I have argued to prosecutors and judges that my client's breath results could have been much lower than what is reflected in the police report because the breath machines are inaccurate.
- How Can Challenging Breath And Blood Tests Help Me?
- How Reliable Is The Breathalyzer Related To A DUI?
- 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 conflict with the results at the police station all the time.
Their accuracy has been challenged for years, and a good expert can damage the prosecutor's case if it only relies on the PAS device. However, in most of the DUIs filed in L.A. courts, the prosecutors typically rely on the test results from the machine at the police station and expert testimony 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, 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 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 made you do the test. The further away from 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 factors that go into an expert trying to determine your blood alcohol level at the time of the driving that your drunk driving attorney must utilize every argument to end up with a fair resolution.
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 let you know what you can do to help me in your DUI defense.
Are you being charged with driving under the influence? Call our DUI lawyers to get on board with you. Our aggressive approach, knowledge, and skill qualify us to represent you effectively. 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 law enforcement uses to obtain your blood alcohol level is through a breathalyzer. Breathalyzer machines are not the most accurate way to measure a person's blood-alcohol level. That is why our attorneys will carefully evaluate all the circumstances present during the breathalyzer test that got you arrested for driving under the influence.
There are many factors to consider, 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 does not consider when conducting a breathalyzer test.
As a result, there is an inaccuracy, and 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 errors.
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 ultimately dismissed. Call our driving under the influence attorneys for a free face-to-face consultation so we can start discussing all your options.