The Role of Breathalyzer Errors in a DUI Defense Case
Thousands of drivers are arrested for DUI in California and Orange County every year, and about 70 percent of those cases, on average, result in a conviction. Breathalyzer test results play a key role in the prosecution’s argument for most of these cases, but these tests aren’t without their problems. Knowing how Breathalyzer tests work and where they can go wrong can give you valuable information to help you fight a DUI charge based on a high blood alcohol concentration reading.
Understanding How Breathalyzers Work
Before you can fight a DUI charge by arguing that the Breathalyzer test was inaccurate, you need to understand how these machines work and why they sometimes have errors. Breathalyzer machines work by taking a sample of your breath and measuring how much alcohol vapor is present. The machine uses this measurement to calculate your blood alcohol concentration (BAC), which is how much alcohol is present in your blood at that moment.
The legal BAC limit for drivers over the age of 21 is 0.08 percent. Commercial drivers are held to a more stringent standard of 0.04 percent, and the state has a zero-tolerance policy of just 0.01 percent for those under the age of 21. If a Breathalyzer test indicates that your BAC is above the applicable limit, you can be arrested for driving under the influence.
Common Issues That Can Cause Errors With Breathalyzers
Breathalyzers are complex devices, and there are various things that can go wrong. Some of the most common issues that may result in errors and false positives include:
- Inaccurate readings due to improper calibration
- Mechanical failure during the test, whether due to inherent defect or lack of maintenance
- Interference from other devices using radio frequencies
- Improper handling and/or administration of the test
- Lack of sufficient air sample
- Inaccurate readings due to interference from medical conditions or medications
Multiple DUI cases have been impacted after judges found that the machines were not able to be properly maintained, so this is a serious consideration for your case. If you believe that the results of your Breathalyzer tests are inaccurate or that there was an error in the administration of the test, contact our law firm immediately.
Strategies for Fighting DUI Charges Due to Breathalyzer Errors
The right DUI defense strategy depends on the case, and each situation deserves a tailored approach. However, there are common themes across most DUI cases based on Breathalyzer results. These defense strategies can help you challenge the results of the Breathalyzer, which could result in having your charges reduced or dropped — potentially saving your driver’s license and your criminal record.
The Device Wasn’t Properly Calibrated or Maintained
California law requires that Breathalyzer machines be checked for accuracy and properly calibrated every 10 days or every 150 tests, whichever comes first. Officers are required to provide documentation, usually in the form of a log book, to show that the calibration was performed at the appropriate intervals. If this was not the case, it’s impossible to determine if the test results are accurate, and therefore, they cannot be relied upon as the basis for a DUI charge.
The legal procedure for administering a breath test also requires that the officer observe the person being tested for at least 15 minutes prior to the test to ensure that nothing could impact the test results. If the person being tested drinks, eats, smokes, or vomits during that timeframe, the results cannot be relied upon.
There Was a Malfunction in the Device Itself
Any time you are relying on a machine for any kind of test results, there is always the possibility of malfunctions and errors. To reduce the chances of this happening, California law requires breath alcohol testing to involve two separate samples. The results for both samples must not show more than a 0.02-gram difference per 210 liters of breath. If the difference is greater, it indicates that there is a potential problem with the machine, and the results may not be accurate.
The Office Wasn’t Properly Trained
Officers must have complete specific training requirements to be qualified to administer a Breathalyzer test. Specifically, they must complete a written examination at the end of their training period with a score of at least 80 percent to be qualified. If the officer who administered the test did not have this training or did not achieve this minimum score, the results can be contested as part of your DUI defense strategy.
There Was Another Reason for the High BAC Reading
While Breathalyzers can be valuable tools, they are just machines and cannot make any kind of inference or judgment about the sample. This means they can’t determine whether the presence of alcohol vapor in the breath is due to the consumption of actual alcoholic beverages or from another source. For example, some health conditions and over-the-counter medications can result in higher levels of alcohol vapor in the breath.
The above are just some of the common legal strategies used to defend DUI charges, and there may be other options, depending on the details of your case. In Orange County, you have 10 days after you’ve been arrested for a DUI to try to fight it and keep your driver’s license, so it’s critical to act quickly. Call the Law Office of Scott Henry today at 714-294-0599 to get started.
