Challenging the Breath Test in Your Orange County DUI Case
The breath test for DUI attempts to measure the amount of alcohol in a sample of exhaled air. While simple to perform, breath tests do not always give a correct result. Like any machine, the breath test device can break down or be used incorrectly. In addition, the physical condition of the subject taking the test can affect the outcome. A skillful Orange County DUI attorney can be successful in exposing problems with a breath test.
Failure to follow testing protocols
The California Code of Regulations spells out the rules that police must follow for breath tests. The operator must be trained on how to use the machine and the machine must be calibrated and cared for to make sure it is operating correctly. Additionally, the subject must be observed for a 15 minute period before the test.
An aggressive Orange County DUI lawyer will examine every detail of your breath test to find any departure from the rules or possibility that the machine malfunctioned. Breath testing involves the analysis of microscopic amounts of alcohol. Small mistakes in administering the test can cause big mistakes in the results.
Subject’s physical condition
In addition to problems with the skill and experience of the tester and the quality of the equipment, the subject’s physical condition can cause inaccurate breath test results. Factors that can affect breath testing include:
- Mouth alcohol from burping or regurgitation.
- Other mouth contaminants, such as dentures and denture adhesives and lip balm.
- Hyperventilation and blowing too hard.
- An abnormal body temperature.
- An abnormal red blood count.
- Medical conditions, such as gastroesophagial reflux disease (GERD), heartburn, diabetes, and liver disease.
- Inhalation of airbag dust.
A knowledgeable Orange County DUI lawyer will know how to expose these irregularities to the client’s advantage.
Get help with your Orange County DUI case
Orange County DUI lawyers at the Law Office of Mike Coffey Attorney at Law have helped many clients fight drunk driving charges, even those with breath test results above the legal limit. For a free consultation, please contact the dedicated Orange County DUI attorneys at the Law Office of Mike Coffey Attorney at Law. We can be reached at (800) 706-7888.