Challenging the accuracy of breath tests is a common defense strategy in California DUI cases. Breath tests measure blood alcohol concentration (BAC), but they are not always accurate.
Various factors can affect the results, making it necessary to understand how to contest their reliability in court.
Faulty equipment
Breath testing equipment requires regular maintenance and calibration to function correctly. If the device has not been properly maintained or calibrated, the results may be inaccurate. Defense attorneys can request maintenance records to determine if the equipment was faulty at the time of the test.
Human error
Human error can also compromise the accuracy of a breath test. This can include improper administration of the test or incorrect handling of the device.
Officers must follow specific procedures when conducting a breath test. Failure to adhere to these protocols can result in inaccurate readings. Defense lawyers can cross-examine the arresting officer to uncover any procedural errors.
Medical conditions
Certain medical conditions can affect breath test results. For example, those with diabetes or acid reflux may have higher levels of acetone in their breath, which can be misinterpreted as alcohol by a breath test. Providing medical evidence to support such conditions can help challenge the test results.
Environmental factors
Environmental factors can also impact breath test accuracy. Substances like mouthwash, breath fresheners, or even certain types of food can contain alcohol and affect the test. Additionally, exposure to chemicals such as paint fumes can lead to false positives. Demonstrating the presence of these factors can cast doubt on the test’s validity.
Timing of the test
The timing of the breath test is very important. Alcohol absorption rates vary, and BAC levels can rise or fall between the time of driving and the time of the test. If the testing occurred long after the traffic stop, the BAC reading might not accurately reflect the individual’s level while driving. Defense attorneys can argue that the timing of the test makes the results unreliable.
Legal representation
To challenge a breath test result, it is best to work with a defense attorney. An experienced lawyer can identify weaknesses in the prosecution’s case, question the reliability of the breath test, and present compelling evidence to support the defense. This can lead to reduced charges or even dismissal of the case.
Challenging the accuracy of breath tests in DUI cases involves understanding the various factors that can affect the results. This can significantly impact the outcome, ensuring better results in court.