Challenging The Breathalyzer (now called Intoxilyzer)
Orange County DUI Defense Lawyer
Challenging the Reliability of Breath Alcohol Test Results
In an Orange County DUI case, the prosecution will try to prove that the defendant's
blood alcohol concentration at the time of the offense was at or above the statutory
limit. In California that limit is .08 . The most common scientific instrument used
to measure a person’s BAC is a breath test using an Intoxilyzer, frequently called
a “breathalyzer,” an older instrument not frequently used now.
Is a breath test an absolutely reliable scientific method to prove that someone
is over the legal limit? The simple answer is NO. Drunk driving defense attorneys
have been able to effectively dispute the outcome of breath tests in court, thereby
preventing a conviction. An experienced Orange County drunk driving defense lawyer
is in the best position to advise you on whether the "Breathalyzer" test results
may be subject to challenge in your particular case.
Breath Test Results Can Be Challenged In Many Ways
A breath test is quite simple to perform and involves measuring the amount of alcohol
in a certain amount of expired air. The drawback to the breath test is that it is
an “indirect” method and therefore subject to variability. Variables that can lead
to questionable results include:
- body temperature at the time of the test,
- differences between normal people ,
- sufficient observation of the arrested person to assure evaporation of any alcohol
in the mouth,
- skill and experience of the tester
- maintenance or quality of equipment used
- exposure of the accused to paint or gasoline fumes or dry cleaning fluids
Some courts have allowed DUI defendants to present expert testimony of the scientific
inaccuracy of breath test results based on these inherent variables.
Some courts have demonstrated more willingness than others to accept challenges
to blood alcohol test results. An experienced Orange County DUI attorneys know which
challenges are likely to be accepted in local courts and which are not. That is
why you should choose your defense lawyer very carefully. It is important to remember
that even if you have blown an above-the-limit reading you may not be convicted
of DUI. If you have been charged with driving while intoxicated in Orange County,
contact us to schedule a fee consultation. Bring the facts or your case to use and
put our knowledge to work defending your rights and protecting your freedom.
Located in Orange County , California we represent clients charged with drunk driving
offenses in communities throughout the surrounding area.
Protect your rights and your freedom. Contact our office as soon as possible and
let us start to aggressively fight for you today. Toll Free (800) 706-7888