When arrested for driving under the influence (DUI) in Los Angeles, one of the most common pieces of evidence the prosecution relies on is the results of a breathalyzer test. This test is used to determine a person’s blood alcohol concentration (BAC) and can often serve as the foundation for a DUI charge. However, breathalyzer tests are not infallible, and there are several ways a skilled Los Angeles DUI defense lawyer can challenge the results to potentially reduce or dismiss the charges against you. In this article, we will discuss how a DUI defense lawyer can challenge breathalyzer test results and ensure that your rights are fully protected.
Understanding The Breathalyzer Test
A breathalyzer test measures the amount of alcohol in a person’s breath and estimates their blood alcohol concentration (BAC). In California, the legal limit for BAC is 0.08% for drivers over the age of 21. However, breathalyzer tests are not always accurate. Many factors can influence the accuracy of the test, including improper use of the device, the condition of the machine, or even the physical state of the person being tested.
Given that breathalyzer results can be challenged in many ways, it is critical to have a Los Angeles DUI defense lawyer who understands the complexities of DUI cases and breathalyzer testing procedures. Here are some of the common ways a DUI Defense Lawyer Los Angeles can challenge breathalyzer test results:
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Calibration and Maintenance of The Breathalyzer Machine
Breathalyzers must be calibrated and maintained properly to ensure that they give accurate readings. These machines require regular calibration by a certified technician to function correctly. If the breathalyzer used in your case was not calibrated correctly or has not been properly maintained, the results could be unreliable. A DUI defense lawyer in Los Angeles will examine the records of the breathalyzer machine to ensure that it was calibrated in accordance with state regulations and properly maintained. If there is any evidence that the machine was not in optimal working condition, your lawyer may be able to argue that the test results should be inadmissible in court.
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The Timing of the Breathalyzer Test
The timing of when a breathalyzer test is administered is crucial to obtaining an accurate BAC reading. If the test is administered too soon after drinking, your BAC may not have fully absorbed into your bloodstream, which can lead to inaccurate results. This is known as the “rising BAC” defense. Alcohol takes time to reach its peak concentration in the blood, and if you were tested shortly after consuming alcohol, the breathalyzer test may reflect a higher BAC than it was at the time you were driving.
A Los Angeles DUI defense lawyer can challenge the timing of the breathalyzer test to argue that your BAC was rising when the test was given, meaning it was likely lower at the time of driving. If successful, this defense can help reduce or eliminate the charges against you.
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Improper Administration of the Test
Breathalyzer tests must be administered according to strict protocols to ensure accurate results. A DUI defense lawyer will examine whether the officer who administered your test followed the correct procedures. For example, the officer must observe you for at least 15 minutes before administering the test to ensure that you do not ingest anything, such as food, gum, or mouthwash, that could interfere with the results. If the officer failed to follow this procedure, the results of the breathalyzer test may be called into question.
Additionally, if the officer did not properly instruct you on how to take the test or did not properly use the device, this could also impact the accuracy of the test. A Los Angeles DUI defense lawyer will review the specific details of the test to determine if any errors were made during administration that could make the results unreliable.
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Medical Conditions or Diets That Can Interfere with Breathalyzer Results
Certain medical conditions or dietary habits can affect the accuracy of breathalyzer test results. For instance, individuals with diabetes or other medical conditions that result in high levels of ketones in their breath may have falsely elevated BAC readings, even if they have not consumed alcohol. Additionally, if you are on a low-carb or ketogenic diet, your body may produce acetone, which could be detected by the breathalyzer and lead to an inaccurate reading.
A skilled DUI defense lawyer in Los Angeles will explore any possible medical conditions or diet factors that may have affected the breathalyzer results. If such factors are found to have played a role in skewing the results, your lawyer can argue that the test was not an accurate representation of your actual BAC at the time of driving.
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Calibration and Accuracy of the Officer’s Training
Even if the breathalyzer machine is properly calibrated, the officer administering the test must be properly trained in using the device. A DUI defense lawyer will investigate the officer’s qualifications and training records to ensure that they were properly trained in administering breathalyzer tests. If the officer lacked sufficient training or failed to follow the proper protocol when using the machine, this could be grounds for challenging the accuracy of the test results.
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Mouth Alcohol Contamination
Mouth alcohol is a phenomenon that occurs when alcohol remains in a person’s mouth after consuming alcohol or mouthwash. This can lead to artificially high readings on a breathalyzer test, as the device detects the alcohol in the mouth rather than the alcohol in the bloodstream. If the officer did not wait the required 15 minutes to ensure that no mouth alcohol was present, the breathalyzer test could be compromised. A Los Angeles DUI defense lawyer can argue that mouth alcohol contamination led to an inflated BAC reading and challenge the test results.
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Challenging the Results in Court
If the breathalyzer test results are being used as evidence against you in court, a Los Angeles DUI defense lawyer will present arguments and evidence to challenge the validity of the results. This could include cross-examining the arresting officer, questioning the reliability of the breathalyzer machine, and presenting evidence of any medical conditions or other factors that may have impacted the results.
In some cases, your lawyer may be able to argue that the breathalyzer test results were unreliable or inadmissible, which could lead to the dismissal of the charges or a reduction in the penalties you face. A DUI defense lawyer with experience challenging breathalyzer results can make a significant difference in the outcome of your case.
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Paving the Way for Plea Negotiations
If the breathalyzer test results are difficult to challenge successfully, a skilled Los Angeles DUI Defense Lawyer Los Angeles can still use the circumstances surrounding the test to negotiate a plea deal that reduces the severity of the penalties you face. For example, your lawyer may be able to negotiate for reduced fines, probation instead of jail time, or alternative sentencing options. Even if the test results cannot be fully dismissed, your attorney can work to minimize the impact of the conviction on your life.
Conclusion:
Breathalyzer test results are a critical piece of evidence in DUI cases, but they are not infallible. A Los Angeles DUI defense lawyer can examine every detail of the arrest, the administration of the test, and the accuracy of the results to find potential flaws in the prosecution’s case. From challenging the calibration of the machine to presenting medical conditions that could affect the results, a skilled DUI defense lawyer can help you fight the charges and protect your rights.
