Serving Los Angeles and the SFV
A breathalyzer is a device that attempts to measure a person's BAC (blood alcohol content) from a breath sample. Law enforcement officials most commonly administer breathalyzer tests with portable roadside units that are now considered to be reliable enough to be admitted as evidence in DUI cases, and breathalyzer test results have become the most common and powerful evidence in drunk driving cases. However, how accurate and reliable is the breathalyzer exactly? With the new ruling in the case of California vs. Neal, the Supreme Court has recently permitted DUI defense attorneys in Southern California to question the validity of a breathalyzer test result. The breathalyzer has always been viewed as an unfaultable piece of evidence by the courts, but with this new ruling, experts presented by the defense will be able to raise doubts about the validity of a breathalyzer test in front of the jury.
It is a crime to operate a vehicle with a BAC level of 0.08 percent of higher, and a breathalyzer reading of 0.08 or higher is considered presumptive evidence of DUI. To disprove the accuracy of the breathalyzer test is possible, as these tests are often based on assumptions, such as weight, metabolism, height, and current food consumption, that do not not apply the same to everyone and could lead to negative externalities in the test results. Breathalyzer testing machines may also run into other problems when they identify not only ethyl alcohol, but also any other methyl group compound. In other words, a breathalyzer machine may misinterpret other substances in human breath as alcohol content.
The bottom line is that breathalyzer tests are not always accurate. Thus, if you have been charged with DUI and submitted a breathalyzer test, you may still be able to challenge your result, and especially now knowing that the breathalyzer test results can be attacked by DUI defense attorneys.
If you've been charged with DUI and failed a breathalyzer test but do not believe in the validity of the result, talk to an experienced DUI attorney. Speaking with a qualified DUI lawyer is a great way to assess your situation and determine if any breathalyzer challenges may apply in your case. Contact an attorney immediately if this is your case. Call the Hedding Law Firm by phone at 818-986-2092 for a free immediate consultation with a criminal defense attorney, or visit the website at: http://www.heddinglawfirm.com
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